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Public Act 095-0149
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| HB1864 Enrolled |
LRB095 04953 DRH 25019 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 11-501 as follows:
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(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) |
(Text of Section from P.A. 93-1093 and 94-963) |
Sec. 11-501. Driving while under the influence of alcohol, |
other drug or
drugs, intoxicating compound or compounds or any |
combination thereof.
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(a) A person shall not drive or be in actual
physical |
control of any vehicle within this State while:
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(1) the alcohol concentration in the person's blood or |
breath is 0.08
or more based on the definition of blood and |
breath units in Section 11-501.2;
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(2) under the influence of alcohol;
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(3) under the influence of any intoxicating compound or |
combination of
intoxicating compounds to a degree that |
renders the person incapable of
driving safely;
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(4) under the influence of any other drug or |
combination of drugs to a
degree that renders the person |
incapable of safely driving;
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(5) under the combined influence of alcohol, other drug |
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or drugs, or
intoxicating compound or compounds to a degree |
that renders the person
incapable of safely driving; or
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(6) there is any amount of a drug, substance, or |
compound in the
person's breath, blood, or urine resulting |
from the unlawful use or consumption
of cannabis listed in |
the Cannabis Control Act, a controlled substance listed
in |
the Illinois Controlled Substances Act, or an intoxicating |
compound listed
in the Use of Intoxicating Compounds Act.
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(b) The fact that any person charged with violating this |
Section is or
has been legally entitled to use alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or any
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combination thereof, shall not constitute a defense against any |
charge of
violating this Section.
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(b-1) With regard to penalties imposed under this Section:
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(1) Any reference to a prior violation of subsection |
(a) or a similar
provision includes any violation of a |
provision of a local ordinance or a
provision of a law of |
another state that is similar to a violation of
subsection |
(a) of this Section.
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(2) Any penalty imposed for driving with a license that |
has been revoked
for a previous violation of subsection (a) |
of this Section shall be in
addition to the penalty imposed |
for any subsequent violation of subsection (a).
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(b-2) Except as otherwise provided in this Section, any |
person convicted of
violating subsection (a) of this Section is |
guilty of a Class A misdemeanor.
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(b-3) In addition to any other criminal or administrative |
sanction for any
second conviction of violating subsection (a) |
or a similar provision committed
within 5 years of a previous |
violation of subsection (a) or a similar
provision, the |
defendant shall be sentenced to a mandatory minimum of 5 days |
of
imprisonment or assigned a mandatory minimum of 240 hours of |
community service
as may be determined by the court.
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(b-4) In the case of a third or subsequent violation |
committed within 5
years of a previous violation of subsection |
(a) or a similar provision, in
addition to any other criminal |
or administrative sanction, a mandatory minimum
term of either |
10 days of imprisonment or 480 hours of community service shall
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be imposed.
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(b-5) The imprisonment or assignment of community service |
under subsections
(b-3) and (b-4) shall not be subject to |
suspension, nor shall the person be
eligible for a reduced |
sentence.
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(c) (Blank).
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(c-1) (1) A person who violates subsection (a)
during
a |
period in which his
or her driving privileges are revoked |
or suspended, where the revocation or
suspension was for a |
violation of subsection (a), Section
11-501.1, paragraph |
(b)
of Section 11-401, or for reckless homicide as defined |
in Section 9-3 of
the Criminal Code of 1961 is guilty of a
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Class 4 felony.
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(2) A person who violates subsection (a) a third
time, |
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if the third violation occurs during a period in
which his |
or her driving privileges are revoked or suspended where |
the
revocation
or suspension was for a violation of |
subsection (a),
Section 11-501.1, paragraph
(b) of Section |
11-401, or for reckless homicide as defined in Section 9-3
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of the Criminal Code of 1961, is guilty of
a Class 3 |
felony; and if the
person receives a term of
probation or |
conditional discharge, he or she shall be required to serve |
a
mandatory
minimum of 10 days of imprisonment or shall be |
assigned a mandatory minimum of
480 hours of community |
service, as may be determined by the court, as a
condition |
of the probation or conditional discharge. This mandatory |
minimum
term of imprisonment or assignment of community |
service shall not be suspended
or reduced by the court.
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(2.2) A person who violates subsection (a), if the
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violation occurs during a period in which his or her |
driving privileges are
revoked or suspended where the |
revocation or suspension was for a violation of
subsection |
(a) or Section 11-501.1, shall also be sentenced to an |
additional
mandatory minimum term of 30 consecutive days of |
imprisonment, 40 days of
24-hour periodic imprisonment, or |
720 hours of community service, as may be
determined by the |
court. This mandatory term of imprisonment or assignment of
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community service shall not be suspended or reduced by the |
court.
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(3) A person who violates subsection (a) a fourth or
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subsequent time, if the fourth or subsequent violation |
occurs
during a period in which his
or her driving |
privileges are revoked or suspended where the revocation
or |
suspension was for a violation of subsection (a),
Section |
11-501.1, paragraph
(b) of Section 11-401, or for reckless |
homicide as defined in
Section 9-3
of
the Criminal Code of |
1961, is guilty of
a Class 2 felony and is not eligible for |
a sentence of probation or
conditional discharge.
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(c-2) (Blank).
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(c-3) (Blank).
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(c-4) (Blank).
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(c-5)(1) A person who violates subsection (a), if the |
person was transporting
a person under the age of 16 at the |
time of the violation, is subject to an
additional |
mandatory minimum fine of $1,000, an additional mandatory |
minimum
140 hours of community service, which shall include |
40 hours of community
service in a program benefiting |
children, and an additional 2 days of
imprisonment. The |
imprisonment or assignment of community service under this |
subdivision (c-5)(1) is not subject to suspension, nor is |
the person eligible for
a reduced sentence.
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(2) Except as provided in subdivisions (c-5)(3) and |
(c-5)(4) a person who
violates
subsection (a) a second |
time, if at the time of
the second violation the person was |
transporting a person under the age of 16,
is subject to an |
additional 10 days of imprisonment, an additional |
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mandatory
minimum fine of $1,000, and an additional |
mandatory minimum 140 hours of
community service, which |
shall include 40 hours of community service in a
program |
benefiting children.
The imprisonment or assignment of |
community service under this subdivision (c-5)(2)
is not |
subject to suspension, nor is the person eligible for a |
reduced
sentence.
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(3) Except as provided in subdivision (c-5)(4), any |
person convicted of
violating subdivision (c-5)(2) or a |
similar
provision within 10 years of a previous violation |
of subsection (a) or a
similar provision shall receive, in |
addition to any other penalty imposed, a
mandatory minimum |
12 days imprisonment, an additional 40 hours of mandatory
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community service in a program benefiting children, and a |
mandatory minimum
fine of $1,750. The imprisonment or |
assignment of community service under this subdivision |
(c-5)(3) is not subject to suspension, nor is the person
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eligible for a reduced sentence.
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(4) Any person convicted of violating subdivision |
(c-5)(2) or a similar
provision within 5 years of a |
previous violation of subsection (a) or a similar
provision |
shall receive, in addition to any other penalty imposed, an
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additional 80 hours of mandatory community service in a |
program benefiting
children, an additional mandatory |
minimum 12 days of imprisonment, and a
mandatory minimum |
fine of $1,750. The imprisonment or assignment of community
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service under this subdivision (c-5)(4)
is not subject to |
suspension, nor
is the
person eligible for a reduced |
sentence.
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(5) Any person convicted a third time for violating |
subsection (a) or a
similar provision, if at the time of |
the third violation the person was
transporting a person |
under the age of 16, is guilty of a Class 4 felony and |
shall
receive, in addition to any other
penalty imposed, an |
additional mandatory fine of $1,000, an additional
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mandatory 140 hours of community service, which shall |
include 40 hours in a
program benefiting children, and a |
mandatory minimum 30 days of imprisonment.
The |
imprisonment or assignment of community service under this |
subdivision (c-5)(5)
is not subject to suspension, nor is |
the person eligible for a reduced
sentence.
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(6) Any person convicted of violating subdivision |
(c-5)(5) or a similar
provision a third time within 20 |
years of a previous violation of subsection
(a) or a
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similar provision is guilty of a Class 4 felony and shall |
receive, in addition
to any other penalty imposed, an |
additional mandatory 40 hours of community
service in a |
program benefiting children, an additional mandatory fine |
of
$3,000, and a mandatory minimum 120 days of |
imprisonment. The imprisonment or
assignment of community |
service under this subdivision (c-5)(6) is not subject to
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suspension, nor is the person eligible for a reduced |
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sentence.
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(7) Any person convicted a fourth or subsequent time |
for violating
subsection (a) or a similar provision, if at |
the time of the fourth or
subsequent violation the person |
was transporting a person under the age of 16,
and if the |
person's 3 prior violations of subsection (a) or a
similar |
provision
occurred while transporting a person under the |
age of 16 or while the alcohol
concentration in his or her |
blood, breath, or urine was 0.16 or more based
on the |
definition of blood, breath, or urine units in Section |
11-501.2, is
guilty of a Class 2 felony, is not eligible |
for probation or conditional
discharge, and is subject to a |
minimum fine of $3,000.
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(c-6)(1) Any person convicted of a first violation of |
subsection (a) or a
similar provision, if the alcohol |
concentration in his or her blood, breath, or
urine was |
0.16 or more based on the definition of blood, breath, or |
urine
units in Section 11-501.2, shall be subject, in |
addition to any other penalty
that may be imposed, to a |
mandatory minimum of 100 hours of community service
and a |
mandatory minimum fine of $500.
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(2) Any person convicted of a second violation of |
subsection (a) or a similar provision committed within 10 |
years of a previous violation of subsection (a) or a |
similar provision, if at the time of the second violation |
of subsection (a) or a similar provision the
alcohol |
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concentration in his or her blood, breath, or urine was |
0.16 or more
based on the definition of blood, breath, or |
urine units in Section 11-501.2,
shall be
subject, in |
addition to any other penalty that may be imposed, to a |
mandatory
minimum of 2 days of imprisonment and a mandatory |
minimum fine of $1,250.
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(3) Any person convicted of a third violation of |
subsection (a) or a
similar provision within 20 years of a |
previous violation of subsection (a) or
a
similar |
provision, if at the time of the third violation of |
subsection (a) or a
similar provision the alcohol |
concentration in his or her blood, breath, or
urine was |
0.16 or more based on the definition of blood, breath, or |
urine units
in Section 11-501.2, is guilty of a Class 4 |
felony and shall be subject, in
addition to any other |
penalty that may be imposed, to a mandatory minimum of
90 |
days of imprisonment and a mandatory minimum fine of |
$2,500.
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(4) Any person convicted of a fourth or subsequent |
violation of
subsection
(a) or a similar provision, if at |
the time of the fourth or subsequent
violation the alcohol |
concentration in his or her blood, breath, or urine was
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0.16 or more based on the definition of blood, breath, or |
urine units in
Section 11-501.2, and if the person's 3 |
prior violations of subsection (a) or a
similar provision |
occurred while transporting a person under the age of 16 or
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while the alcohol concentration in his or her blood, |
breath, or urine was 0.16
or more based on the definition |
of blood, breath, or urine units in Section
11-501.2, is |
guilty of a Class 2 felony and is not eligible for a |
sentence of
probation or conditional discharge and is |
subject to a minimum fine of
$2,500.
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(d) (1) Every person convicted of committing a violation of |
this Section
shall be guilty of aggravated driving under |
the influence of alcohol,
other drug or drugs, or |
intoxicating compound or compounds, or any combination
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thereof if:
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(A) the person committed a violation of subsection |
(a) or a similar
provision for the
third or subsequent |
time;
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(B) the person committed a violation of subsection |
(a)
while
driving a school bus with persons 18 years of |
age or younger
on board;
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(C) the person in committing a violation of |
subsection
(a) was
involved in a motor vehicle accident |
that resulted in great bodily harm or
permanent |
disability or disfigurement to another, when the |
violation was
a proximate cause of the injuries;
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(D) the person committed a violation of subsection |
(a)
for a
second time and has been previously convicted |
of violating Section 9-3 of the
Criminal Code of 1961 |
or a similar provision of a law of another state |
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relating to reckless homicide in which the person was
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determined to have been under the influence of alcohol, |
other drug or
drugs, or intoxicating compound or |
compounds as an element of the offense or
the person |
has previously been convicted
under subparagraph (C) |
or subparagraph (F) of this paragraph (1);
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(E) the person, in committing a violation of |
subsection (a) while
driving at any speed in a school |
speed zone at a time when a speed limit of
20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of
this Code, was involved in a motor vehicle |
accident that resulted in bodily
harm, other than great |
bodily harm or permanent disability or disfigurement,
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to another person, when the violation of subsection (a) |
was a
proximate cause
of the bodily harm; or
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(F) the person, in committing a violation of |
subsection (a), was
involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft
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accident that resulted in
the death of another person, |
when the violation of subsection
(a) was
a proximate |
cause of the death.
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(2) Except as provided in this paragraph (2), a person |
convicted of
aggravated driving under
the
influence of |
alcohol, other drug or
drugs,
or intoxicating compound or |
compounds, or any
combination thereof is guilty of a Class |
4 felony. For a violation of
subparagraph (C)
of
paragraph |
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(1) of this subsection (d), the defendant, if sentenced to |
a term
of imprisonment, shall be sentenced
to not less than
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one year nor more than 12 years.
Aggravated driving under |
the influence of alcohol, other drug or drugs,
or |
intoxicating compound or compounds, or any combination |
thereof as
defined in subparagraph (F) of paragraph (1) of |
this subsection (d) is
a Class 2 felony, for which the |
defendant, if sentenced to a term of
imprisonment, shall be |
sentenced to: (A) a
term of imprisonment of not less than 3 |
years and not more
than 14 years if the violation resulted |
in the death of one person; or
(B) a term of imprisonment |
of not less than 6 years and not
more than 28 years if the |
violation resulted in the deaths of 2 or more
persons.
For |
any prosecution under this subsection
(d), a certified copy |
of the
driving abstract of the defendant shall be admitted |
as proof of any prior
conviction.
Any person sentenced |
under this subsection (d) who receives a term of
probation
|
or conditional discharge must serve a minimum term of |
either 480 hours of
community service or 10 days of |
imprisonment as a condition of the probation or
conditional |
discharge. This mandatory minimum term of imprisonment or
|
assignment of community service may not be suspended or |
reduced by the court.
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(e) After a finding of guilt and prior to any final |
sentencing, or an
order for supervision, for an offense based |
upon an arrest for a
violation of this Section or a similar |
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provision of a local ordinance,
individuals shall be required |
to undergo a professional evaluation to
determine if an |
alcohol, drug, or intoxicating compound abuse problem exists
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and the
extent of the problem, and undergo the imposition of |
treatment as appropriate.
Programs conducting these |
evaluations shall be
licensed by the Department of Human |
Services. The cost of any professional
evaluation shall be paid |
for by the
individual
required to undergo the professional |
evaluation.
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(e-1) Any person who is found guilty of or pleads guilty to |
violating this
Section, including any person receiving a |
disposition of court supervision for
violating this Section, |
may be required by the Court to attend a victim
impact panel |
offered by, or under contract with, a County State's Attorney's
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office, a probation and court services department, Mothers |
Against Drunk
Driving,
or the Alliance Against Intoxicated |
Motorists.
All costs generated by
the victim impact panel shall |
be paid from fees collected from the
offender or as may be |
determined by the court.
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(f) Every person found guilty of violating this Section, |
whose
operation of a motor vehicle while in violation of this |
Section proximately
caused any incident resulting in an |
appropriate emergency response, shall
be liable for the expense |
of an emergency response as provided in subsection (m) of this |
Section
under
Section 5-5-3 of the Unified Code of Corrections.
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(g) The Secretary of State shall revoke the driving |
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privileges of any
person convicted under this Section or a |
similar provision of a local
ordinance.
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(h) (Blank).
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(i) The Secretary of State shall require the use of |
ignition interlock
devices on all vehicles owned by an |
individual who has been convicted of a
second
or subsequent |
offense of this Section or a similar provision of a local
|
ordinance. The Secretary shall establish by rule and regulation |
the procedures
for certification and use of the interlock |
system.
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(j) In addition to any other penalties and liabilities, a |
person who is
found guilty of or pleads guilty to violating |
subsection (a), including any
person placed on court |
supervision for violating subsection (a), shall be fined
$500, |
payable to the
circuit clerk, who shall distribute the money as |
follows: 20% to the law enforcement agency
that made the arrest |
and 80% shall be forwarded to the State Treasurer for deposit |
into the General Revenue Fund. If the person has been |
previously convicted of violating
subsection (a) or a similar |
provision of a local
ordinance, the fine shall be
$1,000. In |
the event that more than one agency is responsible
for the |
arrest, the amount payable to law enforcement agencies shall be |
shared equally. Any moneys received
by a law
enforcement agency |
under this subsection (j) shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
|
combination thereof, as defined by this Section, including but |
not limited to the purchase of law
enforcement equipment and |
commodities that will assist in the prevention of alcohol |
related
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations. Equipment and commodities |
shall include, but are not limited
to, in-car video cameras, |
radar and laser speed detection devices, and alcohol
breath |
testers.
Any moneys received by the Department of State Police |
under this subsection
(j) shall be deposited into the State |
Police DUI Fund and shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the
purchase of law enforcement equipment and |
commodities that will assist in the prevention of
alcohol |
related criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
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(k) The Secretary of State Police DUI Fund is created as a |
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special
fund in the State treasury. All moneys received by the |
Secretary of State
Police under subsection (j) of this Section |
shall be deposited into the
Secretary of State Police DUI Fund |
and, subject to appropriation, shall be
used for enforcement |
and prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law enforcement equipment and |
commodities to assist in the prevention of
alcohol related |
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(l) Whenever an individual is sentenced for an offense |
based upon an
arrest for a violation of subsection (a) or a |
similar provision of a local
ordinance, and the professional |
evaluation recommends remedial or
rehabilitative treatment or |
education, neither the treatment nor the education
shall be the |
sole disposition and either or both may be imposed only in
|
conjunction with another disposition. The court shall monitor |
compliance with
any remedial education or treatment |
recommendations contained in the
professional evaluation. |
Programs conducting alcohol or other drug evaluation
or |
remedial education must be licensed by the Department of Human |
|
Services. If
the individual is not a resident of Illinois, |
however, the court may accept an
alcohol or other drug |
evaluation or remedial education program in the
individual's |
state of residence. Programs providing treatment must be |
licensed
under existing applicable alcoholism and drug |
treatment licensure standards.
|
(m) In addition to any other fine or penalty required by |
law, an individual
convicted of a violation of subsection (a), |
Section 5-7 of the Snowmobile
Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety
Act, or a |
similar provision, whose operation of a motor vehicle, |
snowmobile, or
watercraft while in
violation of subsection (a), |
Section 5-7 of the Snowmobile Registration and
Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar
provision proximately caused an incident resulting in |
an appropriate emergency
response, shall be required to make |
restitution to a public agency for the
costs of that emergency |
response. The restitution may not exceed $1,000 per
public |
agency for each emergency response. As used in this subsection |
(m),
"emergency response" means any incident requiring a |
response by a police
officer, a firefighter carried on the |
rolls of a regularly constituted fire
department, or an |
ambulance.
|
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
93-840, eff. 7-30-04; 93-1093, eff. 3-29-05; 94-963, eff. |
|
6-28-06.)
|
(Text of Section from P.A. 94-110 and 94-963) |
Sec. 11-501. Driving while under the influence of alcohol, |
other drug or
drugs, intoxicating compound or compounds or any |
combination thereof.
|
(a) A person shall not drive or be in actual
physical |
control of any vehicle within this State while:
|
(1) the alcohol concentration in the person's blood or |
breath is 0.08
or more based on the definition of blood and |
breath units in Section 11-501.2;
|
(2) under the influence of alcohol;
|
(3) under the influence of any intoxicating compound or |
combination of
intoxicating compounds to a degree that |
renders the person incapable of
driving safely;
|
(4) under the influence of any other drug or |
combination of drugs to a
degree that renders the person |
incapable of safely driving;
|
(5) under the combined influence of alcohol, other drug |
or drugs, or
intoxicating compound or compounds to a degree |
that renders the person
incapable of safely driving; or
|
(6) there is any amount of a drug, substance, or |
compound in the
person's breath, blood, or urine resulting |
from the unlawful use or consumption
of cannabis listed in |
the Cannabis Control Act, a controlled substance listed
in |
the Illinois Controlled Substances Act, or an intoxicating |
|
compound listed
in the Use of Intoxicating Compounds Act.
|
(b) The fact that any person charged with violating this |
Section is or
has been legally entitled to use alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or any
|
combination thereof, shall not constitute a defense against any |
charge of
violating this Section.
|
(b-1) With regard to penalties imposed under this Section:
|
(1) Any reference to a prior violation of subsection |
(a) or a similar
provision includes any violation of a |
provision of a local ordinance or a
provision of a law of |
another state that is similar to a violation of
subsection |
(a) of this Section.
|
(2) Any penalty imposed for driving with a license that |
has been revoked
for a previous violation of subsection (a) |
of this Section shall be in
addition to the penalty imposed |
for any subsequent violation of subsection (a).
|
(b-2) Except as otherwise provided in this Section, any |
person convicted of
violating subsection (a) of this Section is |
guilty of a Class A misdemeanor.
|
(b-3) In addition to any other criminal or administrative |
sanction for any
second conviction of violating subsection (a) |
or a similar provision committed
within 5 years of a previous |
violation of subsection (a) or a similar
provision, the |
defendant shall be sentenced to a mandatory minimum of 5 days |
of
imprisonment or assigned a mandatory minimum of 240 hours of |
community service
as may be determined by the court.
|
|
(b-4) In the case of a third or subsequent violation |
committed within 5
years of a previous violation of subsection |
(a) or a similar provision, in
addition to any other criminal |
or administrative sanction, a mandatory minimum
term of either |
10 days of imprisonment or 480 hours of community service shall
|
be imposed.
|
(b-5) The imprisonment or assignment of community service |
under subsections
(b-3) and (b-4) shall not be subject to |
suspension, nor shall the person be
eligible for a reduced |
sentence.
|
(c) (Blank).
|
(c-1) (1) A person who violates subsection (a)
during
a |
period in which his
or her driving privileges are revoked |
or suspended, where the revocation or
suspension was for a |
violation of subsection (a), Section
11-501.1, paragraph |
(b)
of Section 11-401, or for reckless homicide as defined |
in Section 9-3 of
the Criminal Code of 1961 is guilty of a
|
Class 4 felony.
|
(2) A person who violates subsection (a) a third
time, |
if the third violation occurs during a period in
which his |
or her driving privileges are revoked or suspended where |
the
revocation
or suspension was for a violation of |
subsection (a),
Section 11-501.1, paragraph
(b) of Section |
11-401, or for reckless homicide as defined in Section 9-3
|
of the Criminal Code of 1961, is guilty of
a Class 3 |
felony; and if the
person receives a term of
probation or |
|
conditional discharge, he or she shall be required to serve |
a
mandatory
minimum of 10 days of imprisonment or shall be |
assigned a mandatory minimum of
480 hours of community |
service, as may be determined by the court, as a
condition |
of the probation or conditional discharge. This mandatory |
minimum
term of imprisonment or assignment of community |
service shall not be suspended
or reduced by the court.
|
(2.2) A person who violates subsection (a), if the
|
violation occurs during a period in which his or her |
driving privileges are
revoked or suspended where the |
revocation or suspension was for a violation of
subsection |
(a) or Section 11-501.1, shall also be sentenced to an |
additional
mandatory minimum term of 30 consecutive days of |
imprisonment, 40 days of
24-hour periodic imprisonment, or |
720 hours of community service, as may be
determined by the |
court. This mandatory term of imprisonment or assignment of
|
community service shall not be suspended or reduced by the |
court.
|
(3) A person who violates subsection (a) a fourth or
|
subsequent time, if the fourth or subsequent violation |
occurs
during a period in which his
or her driving |
privileges are revoked or suspended where the revocation
or |
suspension was for a violation of subsection (a),
Section |
11-501.1, paragraph
(b) of Section 11-401, or for reckless |
homicide as defined in
Section 9-3
of
the Criminal Code of |
1961, is guilty of
a Class 2 felony and is not eligible for |
|
a sentence of probation or
conditional discharge.
|
(c-2) (Blank).
|
(c-3) (Blank).
|
(c-4) (Blank).
|
(c-5) Except as provided in subsection (c-5.1), a person 21 |
years of age or older who violates subsection (a), if the |
person was transporting
a person under the age of 16 at the |
time of the violation, is subject to 6 months of imprisonment, |
an
additional mandatory minimum fine of $1,000, and 25 days of |
community service in a program benefiting children. The |
imprisonment or assignment of community service under this
|
subsection (c-5) is not subject to suspension, nor is the |
person eligible for
a reduced sentence.
|
(c-5.1) A person 21 years of age or older who is convicted |
of violating subsection (a) of this Section
a
first time and |
who in committing that violation was involved in a motor |
vehicle
accident that resulted in bodily harm to the child |
under the age of 16 being
transported by the person, if the |
violation was the proximate cause of the
injury, is guilty of a |
Class 4 felony and is subject to one year of
imprisonment,
a |
mandatory fine of $2,500, and 25 days of community service in a |
program
benefiting children. The imprisonment or assignment to |
community service under
this subsection (c-5.1) shall not be |
subject to suspension, nor shall the person be
eligible for |
probation in order to reduce the sentence or assignment.
|
(c-6) Except as provided in subsections (c-7) and (c-7.1), |
|
a person 21 years of age or older who
violates
subsection (a) a |
second time, if at the time of
the second violation the person |
was transporting a person under the age of 16,
is subject to 6 |
months of imprisonment, an additional mandatory
minimum fine of |
$1,000, and an additional mandatory minimum 140 hours of
|
community service, which shall include 40 hours of community |
service in a
program benefiting children.
The imprisonment or |
assignment of community service under this subsection (c-6)
is |
not subject to suspension, nor is the person eligible for a |
reduced
sentence.
|
(c-7) Except as provided in subsection (c-7.1), any person |
21 years of age or older convicted of
violating subsection |
(c-6) or a similar
provision within 10 years of a previous |
violation of subsection (a) or a
similar provision is guilty of |
a Class 4 felony and, in addition to any other penalty imposed, |
is subject to one year of
imprisonment, 25 days of mandatory
|
community service in a program benefiting children, and a |
mandatory
fine of $2,500. The imprisonment or assignment of |
community service under this
subsection (c-7) is not subject to |
suspension, nor is the person
eligible for a reduced sentence.
|
(c-7.1) A person 21 years of age or older who is convicted |
of violating subsection (a) of this Section
a
second time |
within 10 years and who in committing that violation was |
involved
in a motor vehicle accident that resulted in bodily |
harm to the child under the
age of 16 being transported, if the |
violation was the proximate cause of the
injury, is guilty of a |
|
Class 4 felony and is subject to 18 months of
imprisonment, a
|
mandatory fine of $5,000, and 25 days of community service in a |
program
benefiting
children. The imprisonment or assignment to |
community service under this
subsection
(c-7.1) shall not be |
subject to suspension, nor shall the person be eligible for
|
probation in order
to reduce the sentence or assignment.
|
(c-8) (Blank).
|
(c-9) Any person 21 years of age or older convicted a third |
time for violating subsection (a) or a
similar provision, if at |
the time of the third violation the person was
transporting a |
person under the age of 16, is guilty of a Class 4 felony and is |
subject to 18 months of imprisonment, a mandatory fine of |
$2,500, and 25 days of community service in a
program |
benefiting children.
The imprisonment or assignment of |
community service under this subsection (c-9)
is not subject to |
suspension, nor is the person eligible for a reduced
sentence.
|
(c-10) Any person 21 years of age or older convicted of |
violating subsection (c-9) or a similar
provision a third time |
within 20 years of a previous violation of subsection
(a) or a
|
similar provision is guilty of a Class 3 felony and, in |
addition
to any other penalty imposed, is subject to 3 years of |
imprisonment, 25 days of community
service in a program |
benefiting children, and a mandatory fine of
$25,000. The |
imprisonment or
assignment of community service under this |
subsection (c-10) is not subject to
suspension, nor is the |
person eligible for a reduced sentence.
|
|
(c-11) Any person 21 years of age or older convicted a |
fourth or subsequent time for violating
subsection (a) or a |
similar provision, if at the time of the fourth or
subsequent |
violation the person was transporting a person under the age of |
16,
and if the person's 3 prior violations of subsection (a) or |
a similar provision
occurred while transporting a person under |
the age of 16 or while the alcohol
concentration in his or her |
blood, breath, or urine was 0.16 or more based
on the |
definition of blood, breath, or urine units in Section |
11-501.2, is
guilty of a Class 2 felony, is not eligible for |
probation or conditional
discharge, and is subject to a minimum |
fine of $25,000.
|
(c-12) Any person convicted of a first violation of |
subsection (a) or a
similar provision, if the alcohol |
concentration in his or her blood, breath, or
urine was 0.16 or |
more based on the definition of blood, breath, or urine
units |
in Section 11-501.2, shall be subject, in addition to any other |
penalty
that may be imposed, to a mandatory minimum of 100 |
hours of community service
and a mandatory minimum fine of |
$500.
|
(c-13) Any person convicted of a second violation of |
subsection (a) or a similar provision committed within 10 years |
of a previous violation of subsection (a) or a similar |
provision, if at the time of the second violation of subsection |
(a) or a similar provision the
alcohol concentration in his or |
her blood, breath, or urine was 0.16 or more
based on the |
|
definition of blood, breath, or urine units in Section |
11-501.2,
shall be
subject, in addition to any other penalty |
that may be imposed, to a mandatory
minimum of 2 days of |
imprisonment and a mandatory minimum fine of $1,250.
|
(c-14) Any person convicted of a third violation of |
subsection (a) or a
similar provision within 20 years of a |
previous violation of subsection (a) or
a
similar provision, if |
at the time of the third violation of subsection (a) or a
|
similar provision the alcohol concentration in his or her |
blood, breath, or
urine was 0.16 or more based on the |
definition of blood, breath, or urine units
in Section |
11-501.2, is guilty of a Class 4 felony and shall be subject, |
in
addition to any other penalty that may be imposed, to a |
mandatory minimum of
90 days of imprisonment and a mandatory |
minimum fine of $2,500.
|
(c-15) Any person convicted of a fourth or subsequent |
violation of
subsection
(a) or a similar provision, if at the |
time of the fourth or subsequent
violation the alcohol |
concentration in his or her blood, breath, or urine was
0.16 or |
more based on the definition of blood, breath, or urine units |
in
Section 11-501.2, and if the person's 3 prior violations of |
subsection (a) or a
similar provision occurred while |
transporting a person under the age of 16 or
while the alcohol |
concentration in his or her blood, breath, or urine was 0.16
or |
more based on the definition of blood, breath, or urine units |
in Section
11-501.2, is guilty of a Class 2 felony and is not |
|
eligible for a sentence of
probation or conditional discharge |
and is subject to a minimum fine of
$2,500.
|
(d) (1) Every person convicted of committing a violation of |
this Section
shall be guilty of aggravated driving under |
the influence of alcohol,
other drug or drugs, or |
intoxicating compound or compounds, or any combination
|
thereof if:
|
(A) the person committed a violation of subsection |
(a) or a similar
provision for the
third or subsequent |
time;
|
(B) the person committed a violation of subsection |
(a)
while
driving a school bus with persons 18 years of |
age or younger
on board;
|
(C) the person in committing a violation of |
subsection
(a) was
involved in a motor vehicle accident |
that resulted in great bodily harm or
permanent |
disability or disfigurement to another, when the |
violation was
a proximate cause of the injuries;
|
(D) the person committed a violation of subsection |
(a)
for a
second time and has been previously convicted |
of violating Section 9-3 of the
Criminal Code of 1961 |
or a similar provision of a law of another state |
relating to reckless homicide in which the person was
|
determined to have been under the influence of alcohol, |
other drug or
drugs, or intoxicating compound or |
compounds as an element of the offense or
the person |
|
has previously been convicted
under subparagraph (C) |
or subparagraph (F) of this paragraph (1);
|
(E) the person, in committing a violation of |
subsection (a) while
driving at any speed in a school |
speed zone at a time when a speed limit of
20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of
this Code, was involved in a motor vehicle |
accident that resulted in bodily
harm, other than great |
bodily harm or permanent disability or disfigurement,
|
to another person, when the violation of subsection (a) |
was a
proximate cause
of the bodily harm; or
|
(F) the person, in committing a violation of |
subsection (a), was
involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft
|
accident that resulted in
the death of another person, |
when the violation of subsection
(a) was
a proximate |
cause of the death.
|
(2) Except as provided in this paragraph (2), a person |
convicted of
aggravated driving under
the
influence of |
alcohol, other drug or
drugs,
or intoxicating compound or |
compounds, or any
combination thereof is guilty of a Class |
4 felony. For a violation of
subparagraph (C)
of
paragraph |
(1) of this subsection (d), the defendant, if sentenced to |
a term
of imprisonment, shall be sentenced
to not less than
|
one year nor more than 12 years.
Aggravated driving under |
the influence of alcohol, other drug or drugs,
or |
|
intoxicating compound or compounds, or any combination |
thereof as
defined in subparagraph (F) of paragraph (1) of |
this subsection (d) is
a Class 2 felony, for which the |
defendant, if sentenced to a term of
imprisonment, shall be |
sentenced to: (A) a
term of imprisonment of not less than 3 |
years and not more
than 14 years if the violation resulted |
in the death of one person; or
(B) a term of imprisonment |
of not less than 6 years and not
more than 28 years if the |
violation resulted in the deaths of 2 or more
persons.
For |
any prosecution under this subsection
(d), a certified copy |
of the
driving abstract of the defendant shall be admitted |
as proof of any prior
conviction.
Any person sentenced |
under this subsection (d) who receives a term of
probation
|
or conditional discharge must serve a minimum term of |
either 480 hours of
community service or 10 days of |
imprisonment as a condition of the probation or
conditional |
discharge. This mandatory minimum term of imprisonment or
|
assignment of community service may not be suspended or |
reduced by the court.
|
(e) After a finding of guilt and prior to any final |
sentencing, or an
order for supervision, for an offense based |
upon an arrest for a
violation of this Section or a similar |
provision of a local ordinance,
individuals shall be required |
to undergo a professional evaluation to
determine if an |
alcohol, drug, or intoxicating compound abuse problem exists
|
and the
extent of the problem, and undergo the imposition of |
|
treatment as appropriate.
Programs conducting these |
evaluations shall be
licensed by the Department of Human |
Services. The cost of any professional
evaluation shall be paid |
for by the
individual
required to undergo the professional |
evaluation.
|
(e-1) Any person who is found guilty of or pleads guilty to |
violating this
Section, including any person receiving a |
disposition of court supervision for
violating this Section, |
may be required by the Court to attend a victim
impact panel |
offered by, or under contract with, a County State's Attorney's
|
office, a probation and court services department, Mothers |
Against Drunk
Driving,
or the Alliance Against Intoxicated |
Motorists.
All costs generated by
the victim impact panel shall |
be paid from fees collected from the
offender or as may be |
determined by the court.
|
(f) Every person found guilty of violating this Section, |
whose
operation of a motor vehicle while in violation of this |
Section proximately
caused any incident resulting in an |
appropriate emergency response, shall
be liable for the expense |
of an emergency response as provided in subsection (m) of this |
Section
under
Section 5-5-3 of the Unified Code of Corrections.
|
(g) The Secretary of State shall revoke the driving |
privileges of any
person convicted under this Section or a |
similar provision of a local
ordinance.
|
(h) (Blank).
|
(i) The Secretary of State shall require the use of |
|
ignition interlock
devices on all vehicles owned by an |
individual who has been convicted of a
second
or subsequent |
offense of this Section or a similar provision of a local
|
ordinance. The Secretary shall establish by rule and regulation |
the procedures
for certification and use of the interlock |
system.
|
(j) In addition to any other penalties and liabilities, a |
person who is
found guilty of or pleads guilty to violating |
subsection (a), including any
person placed on court |
supervision for violating subsection (a), shall be fined
$500, |
payable to the
circuit clerk, who shall distribute the money as |
follows: 20% to the law enforcement agency
that made the arrest |
and 80% shall be forwarded to the State Treasurer for deposit |
into the General Revenue Fund. If the person has been |
previously convicted of violating
subsection (a) or a similar |
provision of a local
ordinance, the fine shall be
$1,000. In |
the event that more than one agency is responsible
for the |
arrest, the amount payable to law enforcement agencies shall be |
shared equally. Any moneys received
by a law
enforcement agency |
under this subsection (j) shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law
enforcement equipment and |
commodities that will assist in the prevention of alcohol |
related
criminal violence throughout the State; police officer |
|
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations. Equipment and commodities |
shall include, but are not limited
to, in-car video cameras, |
radar and laser speed detection devices, and alcohol
breath |
testers.
Any moneys received by the Department of State Police |
under this subsection
(j) shall be deposited into the State |
Police DUI Fund and shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the
purchase of law enforcement equipment and |
commodities that will assist in the prevention of
alcohol |
related criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(k) The Secretary of State Police DUI Fund is created as a |
special
fund in the State treasury. All moneys received by the |
Secretary of State
Police under subsection (j) of this Section |
shall be deposited into the
Secretary of State Police DUI Fund |
and, subject to appropriation, shall be
used for enforcement |
|
and prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law enforcement equipment and |
commodities to assist in the prevention of
alcohol related |
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(l) Whenever an individual is sentenced for an offense |
based upon an
arrest for a violation of subsection (a) or a |
similar provision of a local
ordinance, and the professional |
evaluation recommends remedial or
rehabilitative treatment or |
education, neither the treatment nor the education
shall be the |
sole disposition and either or both may be imposed only in
|
conjunction with another disposition. The court shall monitor |
compliance with
any remedial education or treatment |
recommendations contained in the
professional evaluation. |
Programs conducting alcohol or other drug evaluation
or |
remedial education must be licensed by the Department of Human |
Services. If
the individual is not a resident of Illinois, |
however, the court may accept an
alcohol or other drug |
evaluation or remedial education program in the
individual's |
state of residence. Programs providing treatment must be |
|
licensed
under existing applicable alcoholism and drug |
treatment licensure standards.
|
(m) In addition to any other fine or penalty required by |
law, an individual
convicted of a violation of subsection (a), |
Section 5-7 of the Snowmobile
Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety
Act, or a |
similar provision, whose operation of a motor vehicle, |
snowmobile, or
watercraft while in
violation of subsection (a), |
Section 5-7 of the Snowmobile Registration and
Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar
provision proximately caused an incident resulting in |
an appropriate emergency
response, shall be required to make |
restitution to a public agency for the
costs of that emergency |
response. The restitution may not exceed $1,000 per
public |
agency for each emergency response. As used in this subsection |
(m),
"emergency response" means any incident requiring a |
response by a police
officer, a firefighter carried on the |
rolls of a regularly constituted fire
department, or an |
ambulance.
|
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
93-840, eff. 7-30-04; 94-110, eff. 1-1-06; 94-963, eff. |
6-28-06.)
|
(Text of Section from P.A. 94-113, 94-609, and 94-963) |
Sec. 11-501. Driving while under the influence of alcohol, |
|
other drug or
drugs, intoxicating compound or compounds or any |
combination thereof.
|
(a) A person shall not drive or be in actual
physical |
control of any vehicle within this State while:
|
(1) the alcohol concentration in the person's blood or |
breath is 0.08
or more based on the definition of blood and |
breath units in Section 11-501.2;
|
(2) under the influence of alcohol;
|
(3) under the influence of any intoxicating compound or |
combination of
intoxicating compounds to a degree that |
renders the person incapable of
driving safely;
|
(4) under the influence of any other drug or |
combination of drugs to a
degree that renders the person |
incapable of safely driving;
|
(5) under the combined influence of alcohol, other drug |
or drugs, or
intoxicating compound or compounds to a degree |
that renders the person
incapable of safely driving; or
|
(6) there is any amount of a drug, substance, or |
compound in the
person's breath, blood, or urine resulting |
from the unlawful use or consumption
of cannabis listed in |
the Cannabis Control Act, a controlled substance listed
in |
the Illinois Controlled Substances Act, or an intoxicating |
compound listed
in the Use of Intoxicating Compounds Act.
|
(b) The fact that any person charged with violating this |
Section is or
has been legally entitled to use alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or any
|
|
combination thereof, shall not constitute a defense against any |
charge of
violating this Section.
|
(b-1) With regard to penalties imposed under this Section:
|
(1) Any reference to a prior violation of subsection |
(a) or a similar
provision includes any violation of a |
provision of a local ordinance or a
provision of a law of |
another state that is similar to a violation of
subsection |
(a) of this Section.
|
(2) Any penalty imposed for driving with a license that |
has been revoked
for a previous violation of subsection (a) |
of this Section shall be in
addition to the penalty imposed |
for any subsequent violation of subsection (a).
|
(b-2) Except as otherwise provided in this Section, any |
person convicted of
violating subsection (a) of this Section is |
guilty of a Class A misdemeanor.
|
(b-3) In addition to any other criminal or administrative |
sanction for any
second conviction of violating subsection (a) |
or a similar provision committed
within 5 years of a previous |
violation of subsection (a) or a similar
provision, the |
defendant shall be sentenced to a mandatory minimum of 5 days |
of
imprisonment or assigned a mandatory minimum of 240 hours of |
community service
as may be determined by the court.
|
(b-4) In the case of a third or subsequent violation |
committed within 5
years of a previous violation of subsection |
(a) or a similar provision, in
addition to any other criminal |
or administrative sanction, a mandatory minimum
term of either |
|
10 days of imprisonment or 480 hours of community service shall
|
be imposed.
|
(b-5) The imprisonment or assignment of community service |
under subsections
(b-3) and (b-4) shall not be subject to |
suspension, nor shall the person be
eligible for a reduced |
sentence.
|
(c) (Blank).
|
(c-1) (1) A person who violates subsection (a)
during
a |
period in which his
or her driving privileges are revoked |
or suspended, where the revocation or
suspension was for a |
violation of subsection (a), Section
11-501.1, paragraph |
(b)
of Section 11-401, or for reckless homicide as defined |
in Section 9-3 of
the Criminal Code of 1961 is guilty of a
|
Class 4 felony.
|
(2) A person who violates subsection (a) a third
time, |
if the third violation occurs during a period in
which his |
or her driving privileges are revoked or suspended where |
the
revocation
or suspension was for a violation of |
subsection (a),
Section 11-501.1, paragraph
(b) of Section |
11-401, or for reckless homicide as defined in Section 9-3
|
of the Criminal Code of 1961, is guilty of
a Class 3 |
felony. |
(2.1) A person who violates subsection (a) a third |
time, if the third
violation occurs during a period in |
which his or her driving privileges are
revoked or |
suspended where the revocation or suspension was for a |
|
violation of
subsection (a), Section 11-501.1, subsection |
(b) of Section 11-401, or for
reckless homicide as defined |
in Section
9-3 of the Criminal Code of 1961, is guilty of a |
Class 3 felony; and if the
person receives a term of
|
probation or conditional discharge, he or she shall be |
required to serve a
mandatory
minimum of 10 days of |
imprisonment or shall be assigned a mandatory minimum of
|
480 hours of community service, as may be determined by the |
court, as a
condition of the probation or conditional |
discharge. This mandatory minimum
term of imprisonment or |
assignment of community service shall not be suspended
or |
reduced by the court.
|
(2.2) A person who violates subsection (a), if the
|
violation occurs during a period in which his or her |
driving privileges are
revoked or suspended where the |
revocation or suspension was for a violation of
subsection |
(a) or Section 11-501.1, shall also be sentenced to an |
additional
mandatory minimum term of 30 consecutive days of |
imprisonment, 40 days of
24-hour periodic imprisonment, or |
720 hours of community service, as may be
determined by the |
court. This mandatory term of imprisonment or assignment of
|
community service shall not be suspended or reduced by the |
court.
|
(3) A person who violates subsection (a) a fourth or
|
subsequent time, if the fourth or subsequent violation |
occurs
during a period in which his
or her driving |
|
privileges are revoked or suspended where the revocation
or |
suspension was for a violation of subsection (a),
Section |
11-501.1, paragraph
(b) of Section 11-401, or for reckless |
homicide as defined in
Section 9-3
of
the Criminal Code of |
1961, is guilty of
a Class 2 felony and is not eligible for |
a sentence of probation or
conditional discharge.
|
(c-2) (Blank).
|
(c-3) (Blank).
|
(c-4) (Blank).
|
(c-5) A person who violates subsection (a), if the person |
was transporting
a person under the age of 16 at the time of |
the violation, is subject to an
additional mandatory minimum |
fine of $1,000, an additional mandatory minimum
140 hours of |
community service, which shall include 40 hours of community
|
service in a program benefiting children, and an additional 2 |
days of
imprisonment. The imprisonment or assignment of |
community service under this
subsection (c-5) is not subject to |
suspension, nor is the person eligible for
a reduced sentence.
|
(c-6) Except as provided in subsections (c-7) and (c-8) a |
person who
violates
subsection (a) a second time, if at the |
time of
the second violation the person was transporting a |
person under the age of 16,
is subject to an additional 10 days |
of imprisonment, an additional mandatory
minimum fine of |
$1,000, and an additional mandatory minimum 140 hours of
|
community service, which shall include 40 hours of community |
service in a
program benefiting children.
The imprisonment or |
|
assignment of community service under this subsection (c-6)
is |
not subject to suspension, nor is the person eligible for a |
reduced
sentence.
|
(c-7) Except as provided in subsection (c-8), any person |
convicted of
violating subsection (c-6) or a similar
provision |
within 10 years of a previous violation of subsection (a) or a
|
similar provision shall receive, in addition to any other |
penalty imposed, a
mandatory minimum 12 days imprisonment, an |
additional 40 hours of mandatory
community service in a program |
benefiting children, and a mandatory minimum
fine of $1,750. |
The imprisonment or assignment of community service under this
|
subsection (c-7) is not subject to suspension, nor is the |
person
eligible for a reduced sentence.
|
(c-8) Any person convicted of violating subsection (c-6) or |
a similar
provision within 5 years of a previous violation of |
subsection (a) or a similar
provision shall receive, in |
addition to any other penalty imposed, an
additional 80 hours |
of mandatory community service in a program benefiting
|
children, an additional mandatory minimum 12 days of |
imprisonment, and a
mandatory minimum fine of $1,750. The |
imprisonment or assignment of community
service under this |
subsection (c-8) is not subject to suspension, nor
is the
|
person eligible for a reduced sentence.
|
(c-9) Any person convicted a third time for violating |
subsection (a) or a
similar provision, if at the time of the |
third violation the person was
transporting a person under the |
|
age of 16, is guilty of a Class 4 felony and shall
receive, in |
addition to any other
penalty imposed, an additional mandatory |
fine of $1,000, an additional
mandatory 140 hours of community |
service, which shall include 40 hours in a
program benefiting |
children, and a mandatory minimum 30 days of imprisonment.
The |
imprisonment or assignment of community service under this |
subsection (c-9)
is not subject to suspension, nor is the |
person eligible for a reduced
sentence.
|
(c-10) Any person convicted of violating subsection (c-9) |
or a similar
provision a third time within 20 years of a |
previous violation of subsection
(a) or a
similar provision is |
guilty of a Class 4 felony and shall receive, in addition
to |
any other penalty imposed, an additional mandatory 40 hours of |
community
service in a program benefiting children, an |
additional mandatory fine of
$3,000, and a mandatory minimum |
120 days of imprisonment. The imprisonment or
assignment of |
community service under this subsection (c-10) is not subject |
to
suspension, nor is the person eligible for a reduced |
sentence.
|
(c-11) Any person convicted a fourth or subsequent time for |
violating
subsection (a) or a similar provision, if at the time |
of the fourth or
subsequent violation the person was |
transporting a person under the age of 16,
and if the person's |
3 prior violations of subsection (a) or a similar provision
|
occurred while transporting a person under the age of 16 or |
while the alcohol
concentration in his or her blood, breath, or |
|
urine was 0.16 or more based
on the definition of blood, |
breath, or urine units in Section 11-501.2, is
guilty of a |
Class 2 felony, is not eligible for probation or conditional
|
discharge, and is subject to a minimum fine of $3,000.
|
(c-12) Any person convicted of a first violation of |
subsection (a) or a
similar provision, if the alcohol |
concentration in his or her blood, breath, or
urine was 0.16 or |
more based on the definition of blood, breath, or urine
units |
in Section 11-501.2, shall be subject, in addition to any other |
penalty
that may be imposed, to a mandatory minimum of 100 |
hours of community service
and a mandatory minimum fine of |
$500.
|
(c-13) Any person convicted of a second violation of |
subsection (a) or a similar provision committed within 10 years |
of a previous violation of subsection (a) or a similar |
provision committed within 10 years of a previous violation of |
subsection (a) or a similar provision, if at the time of the |
second violation of subsection (a) the
alcohol concentration in |
his or her blood, breath, or urine was 0.16 or more
based on |
the definition of blood, breath, or urine units in Section |
11-501.2,
shall be
subject, in addition to any other penalty |
that may be imposed, to a mandatory
minimum of 2 days of |
imprisonment and a mandatory minimum fine of $1,250.
|
(c-14) Any person convicted of a third violation of |
subsection (a) or a
similar provision within 20 years of a |
previous violation of subsection (a) or
a
similar provision, if |
|
at the time of the third violation of subsection (a) or a
|
similar provision the alcohol concentration in his or her |
blood, breath, or
urine was 0.16 or more based on the |
definition of blood, breath, or urine units
in Section |
11-501.2, is guilty of a Class 4 felony and shall be subject, |
in
addition to any other penalty that may be imposed, to a |
mandatory minimum of
90 days of imprisonment and a mandatory |
minimum fine of $2,500.
|
(c-15) Any person convicted of a fourth or subsequent |
violation of
subsection
(a) or a similar provision, if at the |
time of the fourth or subsequent
violation the alcohol |
concentration in his or her blood, breath, or urine was
0.16 or |
more based on the definition of blood, breath, or urine units |
in
Section 11-501.2, and if the person's 3 prior violations of |
subsection (a) or a
similar provision occurred while |
transporting a person under the age of 16 or
while the alcohol |
concentration in his or her blood, breath, or urine was 0.16
or |
more based on the definition of blood, breath, or urine units |
in Section
11-501.2, is guilty of a Class 2 felony and is not |
eligible for a sentence of
probation or conditional discharge |
and is subject to a minimum fine of
$2,500.
|
(d) (1) Every person convicted of committing a violation of |
this Section
shall be guilty of aggravated driving under |
the influence of alcohol,
other drug or drugs, or |
intoxicating compound or compounds, or any combination
|
thereof if:
|
|
(A) the person committed a violation of subsection |
(a) or a similar
provision for the
third or subsequent |
time;
|
(B) the person committed a violation of subsection |
(a)
while
driving a school bus with persons 18 years of |
age or younger
on board;
|
(C) the person in committing a violation of |
subsection
(a) was
involved in a motor vehicle accident |
that resulted in great bodily harm or
permanent |
disability or disfigurement to another, when the |
violation was
a proximate cause of the injuries;
|
(D) the person committed a violation of subsection |
(a)
for a
second time and has been previously convicted |
of violating Section 9-3 of the
Criminal Code of 1961 |
or a similar provision of a law of another state |
relating to reckless homicide in which the person was
|
determined to have been under the influence of alcohol, |
other drug or
drugs, or intoxicating compound or |
compounds as an element of the offense or
the person |
has previously been convicted
under subparagraph (C) |
or subparagraph (F) of this paragraph (1);
|
(E) the person, in committing a violation of |
subsection (a) while
driving at any speed in a school |
speed zone at a time when a speed limit of
20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of
this Code, was involved in a motor vehicle |
|
accident that resulted in bodily
harm, other than great |
bodily harm or permanent disability or disfigurement,
|
to another person, when the violation of subsection (a) |
was a
proximate cause
of the bodily harm; or
|
(F) the person, in committing a violation of |
subsection (a), was
involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft
|
accident that resulted in
the death of another person, |
when the violation of subsection
(a) was
a proximate |
cause of the death.
|
(2) Except as provided in this paragraph (2), a person |
convicted of
aggravated driving under
the
influence of |
alcohol, other drug or
drugs,
or intoxicating compound or |
compounds, or any
combination thereof is guilty of a Class |
4 felony. For a violation of
subparagraph (C)
of
paragraph |
(1) of this subsection (d), the defendant, if sentenced to |
a term
of imprisonment, shall be sentenced
to not less than
|
one year nor more than 12 years.
Aggravated driving under |
the influence of alcohol, other drug or drugs,
or |
intoxicating compound or compounds, or any combination |
thereof as
defined in subparagraph (F) of paragraph (1) of |
this subsection (d) is
a Class 2 felony, for which the |
defendant, unless the court determines that extraordinary |
circumstances exist and require probation, shall be |
sentenced to: (A) a
term of imprisonment of not less than 3 |
years and not more
than 14 years if the violation resulted |
|
in the death of one person; or
(B) a term of imprisonment |
of not less than 6 years and not
more than 28 years if the |
violation resulted in the deaths of 2 or more
persons.
For |
any prosecution under this subsection
(d), a certified copy |
of the
driving abstract of the defendant shall be admitted |
as proof of any prior
conviction.
Any person sentenced |
under this subsection (d) who receives a term of
probation
|
or conditional discharge must serve a minimum term of |
either 480 hours of
community service or 10 days of |
imprisonment as a condition of the probation or
conditional |
discharge. This mandatory minimum term of imprisonment or
|
assignment of community service may not be suspended or |
reduced by the court.
|
(e) After a finding of guilt and prior to any final |
sentencing, or an
order for supervision, for an offense based |
upon an arrest for a
violation of this Section or a similar |
provision of a local ordinance,
individuals shall be required |
to undergo a professional evaluation to
determine if an |
alcohol, drug, or intoxicating compound abuse problem exists
|
and the
extent of the problem, and undergo the imposition of |
treatment as appropriate.
Programs conducting these |
evaluations shall be
licensed by the Department of Human |
Services. The cost of any professional
evaluation shall be paid |
for by the
individual
required to undergo the professional |
evaluation.
|
(e-1) Any person who is found guilty of or pleads guilty to |
|
violating this
Section, including any person receiving a |
disposition of court supervision for
violating this Section, |
may be required by the Court to attend a victim
impact panel |
offered by, or under contract with, a County State's Attorney's
|
office, a probation and court services department, Mothers |
Against Drunk
Driving,
or the Alliance Against Intoxicated |
Motorists.
All costs generated by
the victim impact panel shall |
be paid from fees collected from the
offender or as may be |
determined by the court.
|
(f) Every person found guilty of violating this Section, |
whose
operation of a motor vehicle while in violation of this |
Section proximately
caused any incident resulting in an |
appropriate emergency response, shall
be liable for the expense |
of an emergency response as provided in subsection (m) of this |
Section
under
Section 5-5-3 of the Unified Code of Corrections.
|
(g) The Secretary of State shall revoke the driving |
privileges of any
person convicted under this Section or a |
similar provision of a local
ordinance.
|
(h) (Blank).
|
(i) The Secretary of State shall require the use of |
ignition interlock
devices on all vehicles owned by an |
individual who has been convicted of a
second
or subsequent |
offense of this Section or a similar provision of a local
|
ordinance. The Secretary shall establish by rule and regulation |
the procedures
for certification and use of the interlock |
system.
|
|
(j) In addition to any other penalties and liabilities, a |
person who is
found guilty of or pleads guilty to violating |
subsection (a), including any
person placed on court |
supervision for violating subsection (a), shall be fined
$500, |
payable to the
circuit clerk, who shall distribute the money as |
follows: 20% to the law enforcement agency
that made the arrest |
and 80% shall be forwarded to the State Treasurer for deposit |
into the General Revenue Fund. If the person has been |
previously convicted of violating
subsection (a) or a similar |
provision of a local
ordinance, the fine shall be
$1,000. In |
the event that more than one agency is responsible
for the |
arrest, the amount payable to law enforcement agencies shall be |
shared equally. Any moneys received
by a law
enforcement agency |
under this subsection (j) shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law
enforcement equipment and |
commodities that will assist in the prevention of alcohol |
related
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations. Equipment and commodities |
shall include, but are not limited
to, in-car video cameras, |
|
radar and laser speed detection devices, and alcohol
breath |
testers.
Any moneys received by the Department of State Police |
under this subsection
(j) shall be deposited into the State |
Police DUI Fund and shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the
purchase of law enforcement equipment and |
commodities that will assist in the prevention of
alcohol |
related criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(k) The Secretary of State Police DUI Fund is created as a |
special
fund in the State treasury. All moneys received by the |
Secretary of State
Police under subsection (j) of this Section |
shall be deposited into the
Secretary of State Police DUI Fund |
and, subject to appropriation, shall be
used for enforcement |
and prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law enforcement equipment and |
commodities to assist in the prevention of
alcohol related |
criminal violence throughout the State; police officer |
|
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(l) Whenever an individual is sentenced for an offense |
based upon an
arrest for a violation of subsection (a) or a |
similar provision of a local
ordinance, and the professional |
evaluation recommends remedial or
rehabilitative treatment or |
education, neither the treatment nor the education
shall be the |
sole disposition and either or both may be imposed only in
|
conjunction with another disposition. The court shall monitor |
compliance with
any remedial education or treatment |
recommendations contained in the
professional evaluation. |
Programs conducting alcohol or other drug evaluation
or |
remedial education must be licensed by the Department of Human |
Services. If
the individual is not a resident of Illinois, |
however, the court may accept an
alcohol or other drug |
evaluation or remedial education program in the
individual's |
state of residence. Programs providing treatment must be |
licensed
under existing applicable alcoholism and drug |
treatment licensure standards.
|
(m) In addition to any other fine or penalty required by |
law, an individual
convicted of a violation of subsection (a), |
Section 5-7 of the Snowmobile
Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety
Act, or a |
|
similar provision, whose operation of a motor vehicle, |
snowmobile, or
watercraft while in
violation of subsection (a), |
Section 5-7 of the Snowmobile Registration and
Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar
provision proximately caused an incident resulting in |
an appropriate emergency
response, shall be required to make |
restitution to a public agency for the
costs of that emergency |
response. The restitution may not exceed $1,000 per
public |
agency for each emergency response. As used in this subsection |
(m),
"emergency response" means any incident requiring a |
response by a police
officer, a firefighter carried on the |
rolls of a regularly constituted fire
department, or an |
ambulance.
|
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
93-840, eff. 7-30-04; 94-113, eff. 1-1-06; 94-609, eff. 1-1-06; |
94-963, eff. 6-28-06.)
|
(Text of Section from P.A. 94-114 and 94-963) |
Sec. 11-501. Driving while under the influence of alcohol, |
other drug or
drugs, intoxicating compound or compounds or any |
combination thereof.
|
(a) A person shall not drive or be in actual
physical |
control of any vehicle within this State while:
|
(1) the alcohol concentration in the person's blood or |
breath is 0.08
or more based on the definition of blood and |
|
breath units in Section 11-501.2;
|
(2) under the influence of alcohol;
|
(3) under the influence of any intoxicating compound or |
combination of
intoxicating compounds to a degree that |
renders the person incapable of
driving safely;
|
(4) under the influence of any other drug or |
combination of drugs to a
degree that renders the person |
incapable of safely driving;
|
(5) under the combined influence of alcohol, other drug |
or drugs, or
intoxicating compound or compounds to a degree |
that renders the person
incapable of safely driving; or
|
(6) there is any amount of a drug, substance, or |
compound in the
person's breath, blood, or urine resulting |
from the unlawful use or consumption
of cannabis listed in |
the Cannabis Control Act, a controlled substance listed
in |
the Illinois Controlled Substances Act, or an intoxicating |
compound listed
in the Use of Intoxicating Compounds Act.
|
(b) The fact that any person charged with violating this |
Section is or
has been legally entitled to use alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or any
|
combination thereof, shall not constitute a defense against any |
charge of
violating this Section.
|
(b-1) With regard to penalties imposed under this Section:
|
(1) Any reference to a prior violation of subsection |
(a) or a similar
provision includes any violation of a |
provision of a local ordinance or a
provision of a law of |
|
another state that is similar to a violation of
subsection |
(a) of this Section.
|
(2) Any penalty imposed for driving with a license that |
has been revoked
for a previous violation of subsection (a) |
of this Section shall be in
addition to the penalty imposed |
for any subsequent violation of subsection (a).
|
(b-2) Except as otherwise provided in this Section, any |
person convicted of
violating subsection (a) of this Section is |
guilty of a Class A misdemeanor.
|
(b-3) In addition to any other criminal or administrative |
sanction for any
second conviction of violating subsection (a) |
or a similar provision committed
within 5 years of a previous |
violation of subsection (a) or a similar
provision, the |
defendant shall be sentenced to a mandatory minimum of 5 days |
of
imprisonment or assigned a mandatory minimum of 240 hours of |
community service
as may be determined by the court.
|
(b-4) In the case of a third or subsequent violation |
committed within 5
years of a previous violation of subsection |
(a) or a similar provision, in
addition to any other criminal |
or administrative sanction, a mandatory minimum
term of either |
10 days of imprisonment or 480 hours of community service shall
|
be imposed.
|
(b-5) The imprisonment or assignment of community service |
under subsections
(b-3) and (b-4) shall not be subject to |
suspension, nor shall the person be
eligible for a reduced |
sentence.
|
|
(c) (Blank).
|
(c-1) (1) A person who violates subsection (a)
during
a |
period in which his
or her driving privileges are revoked |
or suspended, where the revocation or
suspension was for a |
violation of subsection (a), Section
11-501.1, paragraph |
(b)
of Section 11-401, or for reckless homicide as defined |
in Section 9-3 of
the Criminal Code of 1961 is guilty of a
|
Class 4 felony.
|
(2) A person who violates subsection (a) a third
time, |
if the third violation occurs during a period in
which his |
or her driving privileges are revoked or suspended where |
the
revocation
or suspension was for a violation of |
subsection (a),
Section 11-501.1, paragraph
(b) of Section |
11-401, or for reckless homicide as defined in Section 9-3
|
of the Criminal Code of 1961, is guilty of
a Class 3 |
felony. |
(2.1) A person who violates subsection (a) a third |
time, if the third
violation occurs during a period in |
which his or her driving privileges are
revoked or |
suspended where the revocation or suspension was for a |
violation of
subsection (a), Section 11-501.1, subsection |
(b) of Section 11-401, or for
reckless homicide as defined |
in Section
9-3 of the Criminal Code of 1961, is guilty of a |
Class 3 felony; and if the
person receives a term of
|
probation or conditional discharge, he or she shall be |
required to serve a
mandatory
minimum of 10 days of |
|
imprisonment or shall be assigned a mandatory minimum of
|
480 hours of community service, as may be determined by the |
court, as a
condition of the probation or conditional |
discharge. This mandatory minimum
term of imprisonment or |
assignment of community service shall not be suspended
or |
reduced by the court.
|
(2.2) A person who violates subsection (a), if the
|
violation occurs during a period in which his or her |
driving privileges are
revoked or suspended where the |
revocation or suspension was for a violation of
subsection |
(a) or Section 11-501.1, shall also be sentenced to an |
additional
mandatory minimum term of 30 consecutive days of |
imprisonment, 40 days of
24-hour periodic imprisonment, or |
720 hours of community service, as may be
determined by the |
court. This mandatory term of imprisonment or assignment of
|
community service shall not be suspended or reduced by the |
court.
|
(3) A person who violates subsection (a) a fourth or
|
fifth time, if the fourth or fifth
violation occurs
during |
a period in which his
or her driving privileges are revoked |
or suspended where the revocation
or suspension was for a |
violation of subsection (a),
Section 11-501.1, paragraph
|
(b) of Section 11-401, or for reckless homicide as defined |
in
Section 9-3
of
the Criminal Code of 1961, is guilty of
a |
Class 2 felony and is not eligible for a sentence of |
probation or
conditional discharge.
|
|
(c-2) (Blank).
|
(c-3) (Blank).
|
(c-4) (Blank).
|
(c-5) A person who violates subsection (a), if the person |
was transporting
a person under the age of 16 at the time of |
the violation, is subject to an
additional mandatory minimum |
fine of $1,000, an additional mandatory minimum
140 hours of |
community service, which shall include 40 hours of community
|
service in a program benefiting children, and an additional 2 |
days of
imprisonment. The imprisonment or assignment of |
community service under this
subsection (c-5) is not subject to |
suspension, nor is the person eligible for
a reduced sentence.
|
(c-6) Except as provided in subsections (c-7) and (c-8) a |
person who
violates
subsection (a) a second time, if at the |
time of
the second violation the person was transporting a |
person under the age of 16,
is subject to an additional 10 days |
of imprisonment, an additional mandatory
minimum fine of |
$1,000, and an additional mandatory minimum 140 hours of
|
community service, which shall include 40 hours of community |
service in a
program benefiting children.
The imprisonment or |
assignment of community service under this subsection (c-6)
is |
not subject to suspension, nor is the person eligible for a |
reduced
sentence.
|
(c-7) Except as provided in subsection (c-8), any person |
convicted of
violating subsection (c-6) or a similar
provision |
within 10 years of a previous violation of subsection (a) or a
|
|
similar provision shall receive, in addition to any other |
penalty imposed, a
mandatory minimum 12 days imprisonment, an |
additional 40 hours of mandatory
community service in a program |
benefiting children, and a mandatory minimum
fine of $1,750. |
The imprisonment or assignment of community service under this
|
subsection (c-7) is not subject to suspension, nor is the |
person
eligible for a reduced sentence.
|
(c-8) Any person convicted of violating subsection (c-6) or |
a similar
provision within 5 years of a previous violation of |
subsection (a) or a similar
provision shall receive, in |
addition to any other penalty imposed, an
additional 80 hours |
of mandatory community service in a program benefiting
|
children, an additional mandatory minimum 12 days of |
imprisonment, and a
mandatory minimum fine of $1,750. The |
imprisonment or assignment of community
service under this |
subsection (c-8) is not subject to suspension, nor
is the
|
person eligible for a reduced sentence.
|
(c-9) Any person convicted a third time for violating |
subsection (a) or a
similar provision, if at the time of the |
third violation the person was
transporting a person under the |
age of 16, is guilty of a Class 4 felony and shall
receive, in |
addition to any other
penalty imposed, an additional mandatory |
fine of $1,000, an additional
mandatory 140 hours of community |
service, which shall include 40 hours in a
program benefiting |
children, and a mandatory minimum 30 days of imprisonment.
The |
imprisonment or assignment of community service under this |
|
subsection (c-9)
is not subject to suspension, nor is the |
person eligible for a reduced
sentence.
|
(c-10) Any person convicted of violating subsection (c-9) |
or a similar
provision a third time within 20 years of a |
previous violation of subsection
(a) or a
similar provision is |
guilty of a Class 4 felony and shall receive, in addition
to |
any other penalty imposed, an additional mandatory 40 hours of |
community
service in a program benefiting children, an |
additional mandatory fine of
$3,000, and a mandatory minimum |
120 days of imprisonment. The imprisonment or
assignment of |
community service under this subsection (c-10) is not subject |
to
suspension, nor is the person eligible for a reduced |
sentence.
|
(c-11) Any person convicted a fourth or fifth
time for |
violating
subsection (a) or a similar provision, if at the time |
of the fourth or
fifth violation the person was transporting a |
person under the age of 16,
and if the person's 3 prior |
violations of subsection (a) or a similar provision
occurred |
while transporting a person under the age of 16 or while the |
alcohol
concentration in his or her blood, breath, or urine was |
0.16 or more based
on the definition of blood, breath, or urine |
units in Section 11-501.2, is
guilty of a Class 2 felony, is |
not eligible for probation or conditional
discharge, and is |
subject to a minimum fine of $3,000.
|
(c-12) Any person convicted of a first violation of |
subsection (a) or a
similar provision, if the alcohol |
|
concentration in his or her blood, breath, or
urine was 0.16 or |
more based on the definition of blood, breath, or urine
units |
in Section 11-501.2, shall be subject, in addition to any other |
penalty
that may be imposed, to a mandatory minimum of 100 |
hours of community service
and a mandatory minimum fine of |
$500.
|
(c-13) Any person convicted of a second violation of |
subsection (a) or a similar provision committed within 10 years |
of a previous violation of subsection (a) or a similar |
provision committed within 10 years of a previous violation of |
subsection (a) or a similar provision, if at the time of the |
second violation of subsection (a) the
alcohol concentration in |
his or her blood, breath, or urine was 0.16 or more
based on |
the definition of blood, breath, or urine units in Section |
11-501.2,
shall be
subject, in addition to any other penalty |
that may be imposed, to a mandatory
minimum of 2 days of |
imprisonment and a mandatory minimum fine of $1,250.
|
(c-14) Any person convicted of a third violation of |
subsection (a) or a
similar provision within 20 years of a |
previous violation of subsection (a) or
a
similar provision, if |
at the time of the third violation of subsection (a) or a
|
similar provision the alcohol concentration in his or her |
blood, breath, or
urine was 0.16 or more based on the |
definition of blood, breath, or urine units
in Section |
11-501.2, is guilty of a Class 4 felony and shall be subject, |
in
addition to any other penalty that may be imposed, to a |
|
mandatory minimum of
90 days of imprisonment and a mandatory |
minimum fine of $2,500.
|
(c-15) Any person convicted of a fourth or fifth
violation |
of
subsection
(a) or a similar provision, if at the time of the |
fourth or fifth
violation the alcohol concentration in his or |
her blood, breath, or urine was
0.16 or more based on the |
definition of blood, breath, or urine units in
Section |
11-501.2, and if the person's 3 prior violations of subsection |
(a) or a
similar provision occurred while transporting a person |
under the age of 16 or
while the alcohol concentration in his |
or her blood, breath, or urine was 0.16
or more based on the |
definition of blood, breath, or urine units in Section
|
11-501.2, is guilty of a Class 2 felony and is not eligible for |
a sentence of
probation or conditional discharge and is subject |
to a minimum fine of
$2,500.
|
(c-16) Any person convicted of a sixth or subsequent |
violation of subsection (a) is guilty of a Class X felony.
|
(d) (1) Every person convicted of committing a violation of |
this Section
shall be guilty of aggravated driving under |
the influence of alcohol,
other drug or drugs, or |
intoxicating compound or compounds, or any combination
|
thereof if:
|
(A) the person committed a violation of subsection |
(a) or a similar
provision for the
third or subsequent |
time;
|
(B) the person committed a violation of subsection |
|
(a)
while
driving a school bus with persons 18 years of |
age or younger
on board;
|
(C) the person in committing a violation of |
subsection
(a) was
involved in a motor vehicle accident |
that resulted in great bodily harm or
permanent |
disability or disfigurement to another, when the |
violation was
a proximate cause of the injuries;
|
(D) the person committed a violation of subsection |
(a)
for a
second time and has been previously convicted |
of violating Section 9-3 of the
Criminal Code of 1961 |
or a similar provision of a law of another state |
relating to reckless homicide in which the person was
|
determined to have been under the influence of alcohol, |
other drug or
drugs, or intoxicating compound or |
compounds as an element of the offense or
the person |
has previously been convicted
under subparagraph (C) |
or subparagraph (F) of this paragraph (1);
|
(E) the person, in committing a violation of |
subsection (a) while
driving at any speed in a school |
speed zone at a time when a speed limit of
20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of
this Code, was involved in a motor vehicle |
accident that resulted in bodily
harm, other than great |
bodily harm or permanent disability or disfigurement,
|
to another person, when the violation of subsection (a) |
was a
proximate cause
of the bodily harm; or
|
|
(F) the person, in committing a violation of |
subsection (a), was
involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft
|
accident that resulted in
the death of another person, |
when the violation of subsection
(a) was
a proximate |
cause of the death.
|
(2) Except as provided in this paragraph (2), a person |
convicted of
aggravated driving under
the
influence of |
alcohol, other drug or
drugs,
or intoxicating compound or |
compounds, or any
combination thereof is guilty of a Class |
4 felony. For a violation of
subparagraph (C)
of
paragraph |
(1) of this subsection (d), the defendant, if sentenced to |
a term
of imprisonment, shall be sentenced
to not less than
|
one year nor more than 12 years.
Aggravated driving under |
the influence of alcohol, other drug or drugs,
or |
intoxicating compound or compounds, or any combination |
thereof as
defined in subparagraph (F) of paragraph (1) of |
this subsection (d) is
a Class 2 felony, for which the |
defendant, if sentenced to a term of
imprisonment, shall be |
sentenced to: (A) a
term of imprisonment of not less than 3 |
years and not more
than 14 years if the violation resulted |
in the death of one person; or
(B) a term of imprisonment |
of not less than 6 years and not
more than 28 years if the |
violation resulted in the deaths of 2 or more
persons.
For |
any prosecution under this subsection
(d), a certified copy |
of the
driving abstract of the defendant shall be admitted |
|
as proof of any prior
conviction.
Any person sentenced |
under this subsection (d) who receives a term of
probation
|
or conditional discharge must serve a minimum term of |
either 480 hours of
community service or 10 days of |
imprisonment as a condition of the probation or
conditional |
discharge. This mandatory minimum term of imprisonment or
|
assignment of community service may not be suspended or |
reduced by the court.
|
(e) After a finding of guilt and prior to any final |
sentencing, or an
order for supervision, for an offense based |
upon an arrest for a
violation of this Section or a similar |
provision of a local ordinance,
individuals shall be required |
to undergo a professional evaluation to
determine if an |
alcohol, drug, or intoxicating compound abuse problem exists
|
and the
extent of the problem, and undergo the imposition of |
treatment as appropriate.
Programs conducting these |
evaluations shall be
licensed by the Department of Human |
Services. The cost of any professional
evaluation shall be paid |
for by the
individual
required to undergo the professional |
evaluation.
|
(e-1) Any person who is found guilty of or pleads guilty to |
violating this
Section, including any person receiving a |
disposition of court supervision for
violating this Section, |
may be required by the Court to attend a victim
impact panel |
offered by, or under contract with, a County State's Attorney's
|
office, a probation and court services department, Mothers |
|
Against Drunk
Driving,
or the Alliance Against Intoxicated |
Motorists.
All costs generated by
the victim impact panel shall |
be paid from fees collected from the
offender or as may be |
determined by the court.
|
(f) Every person found guilty of violating this Section, |
whose
operation of a motor vehicle while in violation of this |
Section proximately
caused any incident resulting in an |
appropriate emergency response, shall
be liable for the expense |
of an emergency response as provided in subsection (m) of this |
Section
under
Section 5-5-3 of the Unified Code of Corrections.
|
(g) The Secretary of State shall revoke the driving |
privileges of any
person convicted under this Section or a |
similar provision of a local
ordinance.
|
(h) (Blank).
|
(i) The Secretary of State shall require the use of |
ignition interlock
devices on all vehicles owned by an |
individual who has been convicted of a
second
or subsequent |
offense of this Section or a similar provision of a local
|
ordinance. The Secretary shall establish by rule and regulation |
the procedures
for certification and use of the interlock |
system.
|
(j) In addition to any other penalties and liabilities, a |
person who is
found guilty of or pleads guilty to violating |
subsection (a), including any
person placed on court |
supervision for violating subsection (a), shall be fined
$500, |
payable to the
circuit clerk, who shall distribute the money as |
|
follows: 20% to the law enforcement agency
that made the arrest |
and 80% shall be forwarded to the State Treasurer for deposit |
into the General Revenue Fund. If the person has been |
previously convicted of violating
subsection (a) or a similar |
provision of a local
ordinance, the fine shall be
$1,000. In |
the event that more than one agency is responsible
for the |
arrest, the amount payable to law enforcement agencies shall be |
shared equally. Any moneys received
by a law
enforcement agency |
under this subsection (j) shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law
enforcement equipment and |
commodities that will assist in the prevention of alcohol |
related
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations. Equipment and commodities |
shall include, but are not limited
to, in-car video cameras, |
radar and laser speed detection devices, and alcohol
breath |
testers.
Any moneys received by the Department of State Police |
under this subsection
(j) shall be deposited into the State |
Police DUI Fund and shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
|
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the
purchase of law enforcement equipment and |
commodities that will assist in the prevention of
alcohol |
related criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(k) The Secretary of State Police DUI Fund is created as a |
special
fund in the State treasury. All moneys received by the |
Secretary of State
Police under subsection (j) of this Section |
shall be deposited into the
Secretary of State Police DUI Fund |
and, subject to appropriation, shall be
used for enforcement |
and prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law enforcement equipment and |
commodities to assist in the prevention of
alcohol related |
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
|
(l) Whenever an individual is sentenced for an offense |
based upon an
arrest for a violation of subsection (a) or a |
similar provision of a local
ordinance, and the professional |
evaluation recommends remedial or
rehabilitative treatment or |
education, neither the treatment nor the education
shall be the |
sole disposition and either or both may be imposed only in
|
conjunction with another disposition. The court shall monitor |
compliance with
any remedial education or treatment |
recommendations contained in the
professional evaluation. |
Programs conducting alcohol or other drug evaluation
or |
remedial education must be licensed by the Department of Human |
Services. If
the individual is not a resident of Illinois, |
however, the court may accept an
alcohol or other drug |
evaluation or remedial education program in the
individual's |
state of residence. Programs providing treatment must be |
licensed
under existing applicable alcoholism and drug |
treatment licensure standards.
|
(m) In addition to any other fine or penalty required by |
law, an individual
convicted of a violation of subsection (a), |
Section 5-7 of the Snowmobile
Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety
Act, or a |
similar provision, whose operation of a motor vehicle, |
snowmobile, or
watercraft while in
violation of subsection (a), |
Section 5-7 of the Snowmobile Registration and
Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar
provision proximately caused an incident resulting in |
|
an appropriate emergency
response, shall be required to make |
restitution to a public agency for the
costs of that emergency |
response. The restitution may not exceed $1,000 per
public |
agency for each emergency response. As used in this subsection |
(m),
"emergency response" means any incident requiring a |
response by a police
officer, a firefighter carried on the |
rolls of a regularly constituted fire
department, or an |
ambulance.
|
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
93-840, eff. 7-30-04; 94-114, eff. 1-1-06; 94-963, eff. |
6-28-06.)
|
(Text of Section from P.A. 94-116 and 94-963) |
Sec. 11-501. Driving while under the influence of alcohol, |
other drug or
drugs, intoxicating compound or compounds or any |
combination thereof.
|
(a) A person shall not drive or be in actual
physical |
control of any vehicle within this State while:
|
(1) the alcohol concentration in the person's blood or |
breath is 0.08
or more based on the definition of blood and |
breath units in Section 11-501.2;
|
(2) under the influence of alcohol;
|
(3) under the influence of any intoxicating compound or |
combination of
intoxicating compounds to a degree that |
renders the person incapable of
driving safely;
|
|
(4) under the influence of any other drug or |
combination of drugs to a
degree that renders the person |
incapable of safely driving;
|
(5) under the combined influence of alcohol, other drug |
or drugs, or
intoxicating compound or compounds to a degree |
that renders the person
incapable of safely driving; or
|
(6) there is any amount of a drug, substance, or |
compound in the
person's breath, blood, or urine resulting |
from the unlawful use or consumption
of cannabis listed in |
the Cannabis Control Act, a controlled substance listed
in |
the Illinois Controlled Substances Act, or an intoxicating |
compound listed
in the Use of Intoxicating Compounds Act.
|
(b) The fact that any person charged with violating this |
Section is or
has been legally entitled to use alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or any
|
combination thereof, shall not constitute a defense against any |
charge of
violating this Section.
|
(b-1) With regard to penalties imposed under this Section:
|
(1) Any reference to a prior violation of subsection |
(a) or a similar
provision includes any violation of a |
provision of a local ordinance or a
provision of a law of |
another state that is similar to a violation of
subsection |
(a) of this Section.
|
(2) Any penalty imposed for driving with a license that |
has been revoked
for a previous violation of subsection (a) |
of this Section shall be in
addition to the penalty imposed |
|
for any subsequent violation of subsection (a).
|
(b-2) Except as otherwise provided in this Section, any |
person convicted of
violating subsection (a) of this Section is |
guilty of a Class A misdemeanor.
|
(b-3) In addition to any other criminal or administrative |
sanction for any
second conviction of violating subsection (a) |
or a similar provision committed
within 5 years of a previous |
violation of subsection (a) or a similar
provision, the |
defendant shall be sentenced to a mandatory minimum of 5 days |
of
imprisonment or assigned a mandatory minimum of 240 hours of |
community service
as may be determined by the court.
|
(b-4) In the case of a third violation committed within 5
|
years of a previous violation of subsection (a) or a similar |
provision, the defendant is guilty of a Class 2 felony, and in
|
addition to any other criminal or administrative sanction, a |
mandatory minimum
term of either 10 days of imprisonment or 480 |
hours of community service shall
be imposed.
|
(b-5) The imprisonment or assignment of community service |
under subsections
(b-3) and (b-4) shall not be subject to |
suspension, nor shall the person be
eligible for a reduced |
sentence.
|
(c) (Blank).
|
(c-1) (1) A person who violates subsection (a)
during
a |
period in which his
or her driving privileges are revoked |
or suspended, where the revocation or
suspension was for a |
violation of subsection (a), Section
11-501.1, paragraph |
|
(b)
of Section 11-401, or for reckless homicide as defined |
in Section 9-3 of
the Criminal Code of 1961 is guilty of a
|
Class 4 felony.
|
(2) A person who violates subsection (a) a third
time |
is guilty of
a Class 2 felony. |
(2.1) A person who violates subsection (a) a third |
time, if the third
violation occurs during a period in |
which his or her driving privileges are
revoked or |
suspended where the revocation or suspension was for a |
violation of
subsection (a), Section 11-501.1, subsection |
(b) of Section 11-401, or for
reckless homicide as defined |
in Section
9-3 of the Criminal Code of 1961, is guilty of a |
Class 2 felony; and if the
person receives a term of
|
probation or conditional discharge, he or she shall be |
required to serve a
mandatory
minimum of 10 days of |
imprisonment or shall be assigned a mandatory minimum of
|
480 hours of community service, as may be determined by the |
court, as a
condition of the probation or conditional |
discharge. This mandatory minimum
term of imprisonment or |
assignment of community service shall not be suspended
or |
reduced by the court.
|
(2.2) A person who violates subsection (a), if the
|
violation occurs during a period in which his or her |
driving privileges are
revoked or suspended where the |
revocation or suspension was for a violation of
subsection |
(a) or Section 11-501.1, shall also be sentenced to an |
|
additional
mandatory minimum term of 30 consecutive days of |
imprisonment, 40 days of
24-hour periodic imprisonment, or |
720 hours of community service, as may be
determined by the |
court. This mandatory term of imprisonment or assignment of
|
community service shall not be suspended or reduced by the |
court.
|
(3) A person who violates subsection (a) a fourth time |
is guilty of
a Class 2 felony and is not eligible for a |
sentence of probation or
conditional discharge.
|
(4) A person who violates subsection (a) a fifth or |
subsequent time is guilty of a Class 1 felony and is not |
eligible for a sentence of probation or conditional |
discharge.
|
(c-2) (Blank).
|
(c-3) (Blank).
|
(c-4) (Blank).
|
(c-5) A person who violates subsection (a), if the person |
was transporting
a person under the age of 16 at the time of |
the violation, is subject to an
additional mandatory minimum |
fine of $1,000, an additional mandatory minimum
140 hours of |
community service, which shall include 40 hours of community
|
service in a program benefiting children, and an additional 2 |
days of
imprisonment. The imprisonment or assignment of |
community service under this
subsection (c-5) is not subject to |
suspension, nor is the person eligible for
a reduced sentence.
|
(c-6) Except as provided in subsections (c-7) and (c-8) a |
|
person who
violates
subsection (a) a second time, if at the |
time of
the second violation the person was transporting a |
person under the age of 16,
is subject to an additional 10 days |
of imprisonment, an additional mandatory
minimum fine of |
$1,000, and an additional mandatory minimum 140 hours of
|
community service, which shall include 40 hours of community |
service in a
program benefiting children.
The imprisonment or |
assignment of community service under this subsection (c-6)
is |
not subject to suspension, nor is the person eligible for a |
reduced
sentence.
|
(c-7) Except as provided in subsection (c-8), any person |
convicted of
violating subsection (c-6) or a similar
provision |
within 10 years of a previous violation of subsection (a) or a
|
similar provision shall receive, in addition to any other |
penalty imposed, a
mandatory minimum 12 days imprisonment, an |
additional 40 hours of mandatory
community service in a program |
benefiting children, and a mandatory minimum
fine of $1,750. |
The imprisonment or assignment of community service under this
|
subsection (c-7) is not subject to suspension, nor is the |
person
eligible for a reduced sentence.
|
(c-8) Any person convicted of violating subsection (c-6) or |
a similar
provision within 5 years of a previous violation of |
subsection (a) or a similar
provision shall receive, in |
addition to any other penalty imposed, an
additional 80 hours |
of mandatory community service in a program benefiting
|
children, an additional mandatory minimum 12 days of |
|
imprisonment, and a
mandatory minimum fine of $1,750. The |
imprisonment or assignment of community
service under this |
subsection (c-8) is not subject to suspension, nor
is the
|
person eligible for a reduced sentence.
|
(c-9) Any person convicted a third time for violating |
subsection (a) or a
similar provision, if at the time of the |
third violation the person was
transporting a person under the |
age of 16, is guilty of a Class 2 felony and shall
receive, in |
addition to any other
penalty imposed, an additional mandatory |
fine of $1,000, an additional
mandatory 140 hours of community |
service, which shall include 40 hours in a
program benefiting |
children, and a mandatory minimum 30 days of imprisonment.
The |
imprisonment or assignment of community service under this |
subsection (c-9)
is not subject to suspension, nor is the |
person eligible for a reduced
sentence.
|
(c-10) Any person convicted of violating subsection (c-9) |
or a similar
provision a third time within 20 years of a |
previous violation of subsection
(a) or a
similar provision is |
guilty of a Class 2 felony and shall receive, in addition
to |
any other penalty imposed, an additional mandatory 40 hours of |
community
service in a program benefiting children, an |
additional mandatory fine of
$3,000, and a mandatory minimum |
120 days of imprisonment. The imprisonment or
assignment of |
community service under this subsection (c-10) is not subject |
to
suspension, nor is the person eligible for a reduced |
sentence.
|
|
(c-11) Any person convicted a fourth time for violating
|
subsection (a) or a similar provision, if at the time of the |
fourth violation the person was transporting a person under the |
age of 16,
and if the person's 3 prior violations of subsection |
(a) or a similar provision
occurred while transporting a person |
under the age of 16 or while the alcohol
concentration in his |
or her blood, breath, or urine was 0.16 or more based
on the |
definition of blood, breath, or urine units in Section |
11-501.2, is
guilty of a Class 2 felony, is not eligible for |
probation or conditional
discharge, and is subject to a minimum |
fine of $3,000.
|
(c-12) Any person convicted of a first violation of |
subsection (a) or a
similar provision, if the alcohol |
concentration in his or her blood, breath, or
urine was 0.16 or |
more based on the definition of blood, breath, or urine
units |
in Section 11-501.2, shall be subject, in addition to any other |
penalty
that may be imposed, to a mandatory minimum of 100 |
hours of community service
and a mandatory minimum fine of |
$500.
|
(c-13) Any person convicted of a second violation of |
subsection (a) or a similar provision committed within 10 years |
of a previous violation of subsection (a) or a similar |
provision committed within 10 years of a previous violation of |
subsection (a) or a similar provision, if at the time of the |
second violation of subsection (a) the
alcohol concentration in |
his or her blood, breath, or urine was 0.16 or more
based on |
|
the definition of blood, breath, or urine units in Section |
11-501.2,
shall be
subject, in addition to any other penalty |
that may be imposed, to a mandatory
minimum of 2 days of |
imprisonment and a mandatory minimum fine of $1,250.
|
(c-14) Any person convicted of a third violation of |
subsection (a) or a
similar provision within 20 years of a |
previous violation of subsection (a) or
a
similar provision, if |
at the time of the third violation of subsection (a) or a
|
similar provision the alcohol concentration in his or her |
blood, breath, or
urine was 0.16 or more based on the |
definition of blood, breath, or urine units
in Section |
11-501.2, is guilty of a Class 2 felony and shall be subject, |
in
addition to any other penalty that may be imposed, to a |
mandatory minimum of
90 days of imprisonment and a mandatory |
minimum fine of $2,500.
|
(c-15) Any person convicted of a fourth
violation of
|
subsection
(a) or a similar provision, if at the time of the |
fourth
violation the alcohol concentration in his or her blood, |
breath, or urine was
0.16 or more based on the definition of |
blood, breath, or urine units in
Section 11-501.2, and if the |
person's 3 prior violations of subsection (a) or a
similar |
provision occurred while transporting a person under the age of |
16 or
while the alcohol concentration in his or her blood, |
breath, or urine was 0.16
or more based on the definition of |
blood, breath, or urine units in Section
11-501.2, is guilty of |
a Class 2 felony and is not eligible for a sentence of
|
|
probation or conditional discharge and is subject to a minimum |
fine of
$2,500.
|
(d) (1) Every person convicted of committing a violation of |
this Section
shall be guilty of aggravated driving under |
the influence of alcohol,
other drug or drugs, or |
intoxicating compound or compounds, or any combination
|
thereof if:
|
(A) the person committed a violation of subsection |
(a) or a similar
provision for the
third or subsequent |
time;
|
(B) the person committed a violation of subsection |
(a)
while
driving a school bus with persons 18 years of |
age or younger
on board;
|
(C) the person in committing a violation of |
subsection
(a) was
involved in a motor vehicle accident |
that resulted in great bodily harm or
permanent |
disability or disfigurement to another, when the |
violation was
a proximate cause of the injuries;
|
(D) the person committed a violation of subsection |
(a)
for a
second time and has been previously convicted |
of violating Section 9-3 of the
Criminal Code of 1961 |
or a similar provision of a law of another state |
relating to reckless homicide in which the person was
|
determined to have been under the influence of alcohol, |
other drug or
drugs, or intoxicating compound or |
compounds as an element of the offense or
the person |
|
has previously been convicted
under subparagraph (C) |
or subparagraph (F) of this paragraph (1);
|
(E) the person, in committing a violation of |
subsection (a) while
driving at any speed in a school |
speed zone at a time when a speed limit of
20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of
this Code, was involved in a motor vehicle |
accident that resulted in bodily
harm, other than great |
bodily harm or permanent disability or disfigurement,
|
to another person, when the violation of subsection (a) |
was a
proximate cause
of the bodily harm; or
|
(F) the person, in committing a violation of |
subsection (a), was
involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft
|
accident that resulted in
the death of another person, |
when the violation of subsection
(a) was
a proximate |
cause of the death.
|
(2) Except as provided in this paragraph (2) and in |
paragraphs (3) and (4) of subsection (c-1), a person |
convicted of
aggravated driving under
the
influence of |
alcohol, other drug or
drugs,
or intoxicating compound or |
compounds, or any
combination thereof is guilty of a Class |
4 felony. For a violation of
subparagraph (C)
of
paragraph |
(1) of this subsection (d), the defendant, if sentenced to |
a term
of imprisonment, shall be sentenced
to not less than
|
one year nor more than 12 years.
Except as provided in |
|
paragraph (4) of subsection (c-1), aggravated driving |
under the influence of alcohol, other drug, or drugs, |
intoxicating compounds or compounds, or any combination |
thereof as defined in subparagraph (A) of paragraph (1) of |
this subsection (d) is a Class 2 felony. Aggravated driving |
under the influence of alcohol, other drug or drugs,
or |
intoxicating compound or compounds, or any combination |
thereof as
defined in subparagraph (F) of paragraph (1) of |
this subsection (d) is
a Class 2 felony, for which the |
defendant, if sentenced to a term of
imprisonment, shall be |
sentenced to: (A) a
term of imprisonment of not less than 3 |
years and not more
than 14 years if the violation resulted |
in the death of one person; or
(B) a term of imprisonment |
of not less than 6 years and not
more than 28 years if the |
violation resulted in the deaths of 2 or more
persons.
For |
any prosecution under this subsection
(d), a certified copy |
of the
driving abstract of the defendant shall be admitted |
as proof of any prior
conviction.
Any person sentenced |
under this subsection (d) who receives a term of
probation
|
or conditional discharge must serve a minimum term of |
either 480 hours of
community service or 10 days of |
imprisonment as a condition of the probation or
conditional |
discharge. This mandatory minimum term of imprisonment or
|
assignment of community service may not be suspended or |
reduced by the court.
|
(e) After a finding of guilt and prior to any final |
|
sentencing, or an
order for supervision, for an offense based |
upon an arrest for a
violation of this Section or a similar |
provision of a local ordinance,
individuals shall be required |
to undergo a professional evaluation to
determine if an |
alcohol, drug, or intoxicating compound abuse problem exists
|
and the
extent of the problem, and undergo the imposition of |
treatment as appropriate.
Programs conducting these |
evaluations shall be
licensed by the Department of Human |
Services. The cost of any professional
evaluation shall be paid |
for by the
individual
required to undergo the professional |
evaluation.
|
(e-1) Any person who is found guilty of or pleads guilty to |
violating this
Section, including any person receiving a |
disposition of court supervision for
violating this Section, |
may be required by the Court to attend a victim
impact panel |
offered by, or under contract with, a County State's Attorney's
|
office, a probation and court services department, Mothers |
Against Drunk
Driving,
or the Alliance Against Intoxicated |
Motorists.
All costs generated by
the victim impact panel shall |
be paid from fees collected from the
offender or as may be |
determined by the court.
|
(f) Every person found guilty of violating this Section, |
whose
operation of a motor vehicle while in violation of this |
Section proximately
caused any incident resulting in an |
appropriate emergency response, shall
be liable for the expense |
of an emergency response as provided in subsection (m) of this |
|
Section
under
Section 5-5-3 of the Unified Code of Corrections.
|
(g) The Secretary of State shall revoke the driving |
privileges of any
person convicted under this Section or a |
similar provision of a local
ordinance.
|
(h) (Blank).
|
(i) The Secretary of State shall require the use of |
ignition interlock
devices on all vehicles owned by an |
individual who has been convicted of a
second
or subsequent |
offense of this Section or a similar provision of a local
|
ordinance. The Secretary shall establish by rule and regulation |
the procedures
for certification and use of the interlock |
system.
|
(j) In addition to any other penalties and liabilities, a |
person who is
found guilty of or pleads guilty to violating |
subsection (a), including any
person placed on court |
supervision for violating subsection (a), shall be fined
$500, |
payable to the
circuit clerk, who shall distribute the money as |
follows: 20% to the law enforcement agency
that made the arrest |
and 80% shall be forwarded to the State Treasurer for deposit |
into the General Revenue Fund. If the person has been |
previously convicted of violating
subsection (a) or a similar |
provision of a local
ordinance, the fine shall be
$1,000. In |
the event that more than one agency is responsible
for the |
arrest, the amount payable to law enforcement agencies shall be |
shared equally. Any moneys received
by a law
enforcement agency |
under this subsection (j) shall be used for enforcement and |
|
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law
enforcement equipment and |
commodities that will assist in the prevention of alcohol |
related
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations. Equipment and commodities |
shall include, but are not limited
to, in-car video cameras, |
radar and laser speed detection devices, and alcohol
breath |
testers.
Any moneys received by the Department of State Police |
under this subsection
(j) shall be deposited into the State |
Police DUI Fund and shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the
purchase of law enforcement equipment and |
commodities that will assist in the prevention of
alcohol |
related criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
|
and liquor store sting operations.
|
(k) The Secretary of State Police DUI Fund is created as a |
special
fund in the State treasury. All moneys received by the |
Secretary of State
Police under subsection (j) of this Section |
shall be deposited into the
Secretary of State Police DUI Fund |
and, subject to appropriation, shall be
used for enforcement |
and prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law enforcement equipment and |
commodities to assist in the prevention of
alcohol related |
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(l) Whenever an individual is sentenced for an offense |
based upon an
arrest for a violation of subsection (a) or a |
similar provision of a local
ordinance, and the professional |
evaluation recommends remedial or
rehabilitative treatment or |
education, neither the treatment nor the education
shall be the |
sole disposition and either or both may be imposed only in
|
conjunction with another disposition. The court shall monitor |
compliance with
any remedial education or treatment |
recommendations contained in the
professional evaluation. |
|
Programs conducting alcohol or other drug evaluation
or |
remedial education must be licensed by the Department of Human |
Services. If
the individual is not a resident of Illinois, |
however, the court may accept an
alcohol or other drug |
evaluation or remedial education program in the
individual's |
state of residence. Programs providing treatment must be |
licensed
under existing applicable alcoholism and drug |
treatment licensure standards.
|
(m) In addition to any other fine or penalty required by |
law, an individual
convicted of a violation of subsection (a), |
Section 5-7 of the Snowmobile
Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety
Act, or a |
similar provision, whose operation of a motor vehicle, |
snowmobile, or
watercraft while in
violation of subsection (a), |
Section 5-7 of the Snowmobile Registration and
Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar
provision proximately caused an incident resulting in |
an appropriate emergency
response, shall be required to make |
restitution to a public agency for the
costs of that emergency |
response. The restitution may not exceed $1,000 per
public |
agency for each emergency response. As used in this subsection |
(m),
"emergency response" means any incident requiring a |
response by a police
officer, a firefighter carried on the |
rolls of a regularly constituted fire
department, or an |
ambulance.
|
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
|
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
93-840, eff. 7-30-04; 94-116, eff. 1-1-06; 94-963, eff. |
6-28-06.)
|
(Text of Section from P.A. 94-329 and 94-963) |
Sec. 11-501. Driving while under the influence of alcohol, |
other drug or
drugs, intoxicating compound or compounds or any |
combination thereof.
|
(a) A person shall not drive or be in actual
physical |
control of any vehicle within this State while:
|
(1) the alcohol concentration in the person's blood or |
breath is 0.08
or more based on the definition of blood and |
breath units in Section 11-501.2;
|
(2) under the influence of alcohol;
|
(3) under the influence of any intoxicating compound or |
combination of
intoxicating compounds to a degree that |
renders the person incapable of
driving safely;
|
(4) under the influence of any other drug or |
combination of drugs to a
degree that renders the person |
incapable of safely driving;
|
(5) under the combined influence of alcohol, other drug |
or drugs, or
intoxicating compound or compounds to a degree |
that renders the person
incapable of safely driving; or
|
(6) there is any amount of a drug, substance, or |
compound in the
person's breath, blood, or urine resulting |
from the unlawful use or consumption
of cannabis listed in |
|
the Cannabis Control Act, a controlled substance listed
in |
the Illinois Controlled Substances Act, or an intoxicating |
compound listed
in the Use of Intoxicating Compounds Act.
|
(b) The fact that any person charged with violating this |
Section is or
has been legally entitled to use alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or any
|
combination thereof, shall not constitute a defense against any |
charge of
violating this Section.
|
(b-1) With regard to penalties imposed under this Section:
|
(1) Any reference to a prior violation of subsection |
(a) or a similar
provision includes any violation of a |
provision of a local ordinance or a
provision of a law of |
another state that is similar to a violation of
subsection |
(a) of this Section.
|
(2) Any penalty imposed for driving with a license that |
has been revoked
for a previous violation of subsection (a) |
of this Section shall be in
addition to the penalty imposed |
for any subsequent violation of subsection (a).
|
(b-2) Except as otherwise provided in this Section, any |
person convicted of
violating subsection (a) of this Section is |
guilty of a Class A misdemeanor.
|
(b-3) In addition to any other criminal or administrative |
sanction for any
second conviction of violating subsection (a) |
or a similar provision committed
within 5 years of a previous |
violation of subsection (a) or a similar
provision, the |
defendant shall be sentenced to a mandatory minimum of 5 days |
|
of
imprisonment or assigned a mandatory minimum of 240 hours of |
community service
as may be determined by the court.
|
(b-4) In the case of a third or subsequent violation |
committed within 5
years of a previous violation of subsection |
(a) or a similar provision, in
addition to any other criminal |
or administrative sanction, a mandatory minimum
term of either |
10 days of imprisonment or 480 hours of community service shall
|
be imposed.
|
(b-5) The imprisonment or assignment of community service |
under subsections
(b-3) and (b-4) shall not be subject to |
suspension, nor shall the person be
eligible for a reduced |
sentence.
|
(c) (Blank).
|
(c-1) (1) A person who violates subsection (a)
during
a |
period in which his
or her driving privileges are revoked |
or suspended, where the revocation or
suspension was for a |
violation of subsection (a), Section
11-501.1, paragraph |
(b)
of Section 11-401, or for reckless homicide as defined |
in Section 9-3 of
the Criminal Code of 1961 is guilty of |
aggravated driving under the influence of alcohol, other |
drug or drugs, intoxicating compound or compounds, or any |
combination thereof and is guilty of a
Class 4 felony.
|
(2) A person who violates subsection (a) a third
time, |
if the third violation occurs during a period in
which his |
or her driving privileges are revoked or suspended where |
the
revocation
or suspension was for a violation of |
|
subsection (a),
Section 11-501.1, paragraph
(b) of Section |
11-401, or for reckless homicide as defined in Section 9-3
|
of the Criminal Code of 1961, is guilty of aggravated |
driving under the influence of alcohol, other drug or |
drugs, intoxicating compound or compounds, or any |
combination thereof and is guilty of
a Class 3 felony. |
(2.1) A person who violates subsection (a) a third |
time, if the third
violation occurs during a period in |
which his or her driving privileges are
revoked or |
suspended where the revocation or suspension was for a |
violation of
subsection (a), Section 11-501.1, subsection |
(b) of Section 11-401, or for
reckless homicide as defined |
in Section
9-3 of the Criminal Code of 1961, is guilty of |
aggravated driving under the influence of alcohol, other |
drug or drugs, intoxicating compound or compounds, or any |
combination thereof and is guilty of a Class 3 felony; and |
if the
person receives a term of
probation or conditional |
discharge, he or she shall be required to serve a
mandatory
|
minimum of 10 days of imprisonment or shall be assigned a |
mandatory minimum of
480 hours of community service, as may |
be determined by the court, as a
condition of the probation |
or conditional discharge. This mandatory minimum
term of |
imprisonment or assignment of community service shall not |
be suspended
or reduced by the court.
|
(2.2) A person who violates subsection (a), if the
|
violation occurs during a period in which his or her |
|
driving privileges are
revoked or suspended where the |
revocation or suspension was for a violation of
subsection |
(a) or Section 11-501.1, is guilty of aggravated driving |
under the influence of alcohol, other drug or drugs, |
intoxicating compound or compounds, or any combination |
thereof and shall also be sentenced to an additional
|
mandatory minimum term of 30 consecutive days of |
imprisonment, 40 days of
24-hour periodic imprisonment, or |
720 hours of community service, as may be
determined by the |
court. This mandatory term of imprisonment or assignment of
|
community service shall not be suspended or reduced by the |
court.
|
(3) A person who violates subsection (a) a fourth or
|
subsequent time, if the fourth or subsequent violation |
occurs
during a period in which his
or her driving |
privileges are revoked or suspended where the revocation
or |
suspension was for a violation of subsection (a),
Section |
11-501.1, paragraph
(b) of Section 11-401, or for reckless |
homicide as defined in
Section 9-3
of
the Criminal Code of |
1961, is guilty of aggravated driving under the influence |
of alcohol, other drug or drugs, intoxicating compound or |
compounds, or any combination thereof and is guilty of
a |
Class 2 felony, and is not eligible for a sentence of |
probation or
conditional discharge.
|
(c-2) (Blank).
|
(c-3) (Blank).
|
|
(c-4) (Blank).
|
(c-5) A person who violates subsection (a), if the person |
was transporting
a person under the age of 16 at the time of |
the violation, is subject to an
additional mandatory minimum |
fine of $1,000, an additional mandatory minimum
140 hours of |
community service, which shall include 40 hours of community
|
service in a program benefiting children, and an additional 2 |
days of
imprisonment. The imprisonment or assignment of |
community service under this
subsection (c-5) is not subject to |
suspension, nor is the person eligible for
a reduced sentence.
|
(c-6) Except as provided in subsections (c-7) and (c-8) a |
person who
violates
subsection (a) a second time, if at the |
time of
the second violation the person was transporting a |
person under the age of 16,
is subject to an additional 10 days |
of imprisonment, an additional mandatory
minimum fine of |
$1,000, and an additional mandatory minimum 140 hours of
|
community service, which shall include 40 hours of community |
service in a
program benefiting children.
The imprisonment or |
assignment of community service under this subsection (c-6)
is |
not subject to suspension, nor is the person eligible for a |
reduced
sentence.
|
(c-7) Except as provided in subsection (c-8), any person |
convicted of
violating subsection (c-6) or a similar
provision |
within 10 years of a previous violation of subsection (a) or a
|
similar provision shall receive, in addition to any other |
penalty imposed, a
mandatory minimum 12 days imprisonment, an |
|
additional 40 hours of mandatory
community service in a program |
benefiting children, and a mandatory minimum
fine of $1,750. |
The imprisonment or assignment of community service under this
|
subsection (c-7) is not subject to suspension, nor is the |
person
eligible for a reduced sentence.
|
(c-8) Any person convicted of violating subsection (c-6) or |
a similar
provision within 5 years of a previous violation of |
subsection (a) or a similar
provision shall receive, in |
addition to any other penalty imposed, an
additional 80 hours |
of mandatory community service in a program benefiting
|
children, an additional mandatory minimum 12 days of |
imprisonment, and a
mandatory minimum fine of $1,750. The |
imprisonment or assignment of community
service under this |
subsection (c-8) is not subject to suspension, nor
is the
|
person eligible for a reduced sentence.
|
(c-9) Any person convicted a third time for violating |
subsection (a) or a
similar provision, if at the time of the |
third violation the person was
transporting a person under the |
age of 16, is guilty of a Class 4 felony and shall
receive, in |
addition to any other
penalty imposed, an additional mandatory |
fine of $1,000, an additional
mandatory 140 hours of community |
service, which shall include 40 hours in a
program benefiting |
children, and a mandatory minimum 30 days of imprisonment.
The |
imprisonment or assignment of community service under this |
subsection (c-9)
is not subject to suspension, nor is the |
person eligible for a reduced
sentence.
|
|
(c-10) Any person convicted of violating subsection (c-9) |
or a similar
provision a third time within 20 years of a |
previous violation of subsection
(a) or a
similar provision is |
guilty of a Class 4 felony and shall receive, in addition
to |
any other penalty imposed, an additional mandatory 40 hours of |
community
service in a program benefiting children, an |
additional mandatory fine of
$3,000, and a mandatory minimum |
120 days of imprisonment. The imprisonment or
assignment of |
community service under this subsection (c-10) is not subject |
to
suspension, nor is the person eligible for a reduced |
sentence.
|
(c-11) Any person convicted a fourth or subsequent time for |
violating
subsection (a) or a similar provision, if at the time |
of the fourth or
subsequent violation the person was |
transporting a person under the age of 16,
and if the person's |
3 prior violations of subsection (a) or a similar provision
|
occurred while transporting a person under the age of 16 or |
while the alcohol
concentration in his or her blood, breath, or |
urine was 0.16 or more based
on the definition of blood, |
breath, or urine units in Section 11-501.2, is
guilty of a |
Class 2 felony, is not eligible for probation or conditional
|
discharge, and is subject to a minimum fine of $3,000.
|
(c-12) Any person convicted of a first violation of |
subsection (a) or a
similar provision, if the alcohol |
concentration in his or her blood, breath, or
urine was 0.16 or |
more based on the definition of blood, breath, or urine
units |
|
in Section 11-501.2, shall be subject, in addition to any other |
penalty
that may be imposed, to a mandatory minimum of 100 |
hours of community service
and a mandatory minimum fine of |
$500.
|
(c-13) Any person convicted of a second violation of |
subsection (a) or a similar provision committed within 10 years |
of a previous violation of subsection (a) or a similar |
provision committed within 10 years of a previous violation of |
subsection (a) or a similar provision, if at the time of the |
second violation of subsection (a) the
alcohol concentration in |
his or her blood, breath, or urine was 0.16 or more
based on |
the definition of blood, breath, or urine units in Section |
11-501.2,
shall be
subject, in addition to any other penalty |
that may be imposed, to a mandatory
minimum of 2 days of |
imprisonment and a mandatory minimum fine of $1,250.
|
(c-14) Any person convicted of a third violation of |
subsection (a) or a
similar provision within 20 years of a |
previous violation of subsection (a) or
a
similar provision, if |
at the time of the third violation of subsection (a) or a
|
similar provision the alcohol concentration in his or her |
blood, breath, or
urine was 0.16 or more based on the |
definition of blood, breath, or urine units
in Section |
11-501.2, is guilty of a Class 4 felony and shall be subject, |
in
addition to any other penalty that may be imposed, to a |
mandatory minimum of
90 days of imprisonment and a mandatory |
minimum fine of $2,500.
|
|
(c-15) Any person convicted of a fourth or subsequent |
violation of
subsection
(a) or a similar provision, if at the |
time of the fourth or subsequent
violation the alcohol |
concentration in his or her blood, breath, or urine was
0.16 or |
more based on the definition of blood, breath, or urine units |
in
Section 11-501.2, and if the person's 3 prior violations of |
subsection (a) or a
similar provision occurred while |
transporting a person under the age of 16 or
while the alcohol |
concentration in his or her blood, breath, or urine was 0.16
or |
more based on the definition of blood, breath, or urine units |
in Section
11-501.2, is guilty of a Class 2 felony and is not |
eligible for a sentence of
probation or conditional discharge |
and is subject to a minimum fine of
$2,500.
|
(d) (1) Every person convicted of committing a violation of |
this Section
shall be guilty of aggravated driving under |
the influence of alcohol,
other drug or drugs, or |
intoxicating compound or compounds, or any combination
|
thereof if:
|
(A) the person committed a violation of subsection |
(a) or a similar
provision for the
third or subsequent |
time;
|
(B) the person committed a violation of subsection |
(a)
while
driving a school bus with persons 18 years of |
age or younger
on board;
|
(C) the person in committing a violation of |
subsection
(a) was
involved in a motor vehicle accident |
|
that resulted in great bodily harm or
permanent |
disability or disfigurement to another, when the |
violation was
a proximate cause of the injuries;
|
(D) the person committed a violation of subsection |
(a)
for a
second time and has been previously convicted |
of violating Section 9-3 of the
Criminal Code of 1961 |
or a similar provision of a law of another state |
relating to reckless homicide in which the person was
|
determined to have been under the influence of alcohol, |
other drug or
drugs, or intoxicating compound or |
compounds as an element of the offense or
the person |
has previously been convicted
under subparagraph (C) |
or subparagraph (F) of this paragraph (1);
|
(E) the person, in committing a violation of |
subsection (a) while
driving at any speed in a school |
speed zone at a time when a speed limit of
20 miles per |
hour was in effect under subsection (a) of Section |
11-605 of
this Code, was involved in a motor vehicle |
accident that resulted in bodily
harm, other than great |
bodily harm or permanent disability or disfigurement,
|
to another person, when the violation of subsection (a) |
was a
proximate cause
of the bodily harm; or
|
(F) the person, in committing a violation of |
subsection (a), was
involved in a motor vehicle, |
snowmobile, all-terrain vehicle, or watercraft
|
accident that resulted in
the death of another person, |
|
when the violation of subsection
(a) was
a proximate |
cause of the death;
|
(G) the person committed the violation while he or |
she did not possess a driver's license or permit or a |
restricted driving permit or a judicial driving |
permit; or
|
(H) the person committed the violation while he or |
she knew or should have known that the vehicle he or |
she was driving was not covered by a liability |
insurance policy.
|
(2) Except as provided in this paragraph (2) and in |
paragraphs (2), (2.1), and (3) of subsection (c-1), a |
person convicted of
aggravated driving under
the
influence |
of alcohol, other drug or
drugs,
or intoxicating compound |
or compounds, or any
combination thereof is guilty of a |
Class 4 felony. For a violation of
subparagraph (C)
of
|
paragraph (1) of this subsection (d), the defendant, if |
sentenced to a term
of imprisonment, shall be sentenced
to |
not less than
one year nor more than 12 years.
Aggravated |
driving under the influence of alcohol, other drug or |
drugs,
or intoxicating compound or compounds, or any |
combination thereof as
defined in subparagraph (F) of |
paragraph (1) of this subsection (d) is
a Class 2 felony, |
for which the defendant, if sentenced to a term of
|
imprisonment, shall be sentenced to: (A) a
term of |
imprisonment of not less than 3 years and not more
than 14 |
|
years if the violation resulted in the death of one person; |
or
(B) a term of imprisonment of not less than 6 years and |
not
more than 28 years if the violation resulted in the |
deaths of 2 or more
persons.
For any prosecution under this |
subsection
(d), a certified copy of the
driving abstract of |
the defendant shall be admitted as proof of any prior
|
conviction.
Any person sentenced under this subsection (d) |
who receives a term of
probation
or conditional discharge |
must serve a minimum term of either 480 hours of
community |
service or 10 days of imprisonment as a condition of the |
probation or
conditional discharge. This mandatory minimum |
term of imprisonment or
assignment of community service may |
not be suspended or reduced by the court.
|
(e) After a finding of guilt and prior to any final |
sentencing, or an
order for supervision, for an offense based |
upon an arrest for a
violation of this Section or a similar |
provision of a local ordinance,
individuals shall be required |
to undergo a professional evaluation to
determine if an |
alcohol, drug, or intoxicating compound abuse problem exists
|
and the
extent of the problem, and undergo the imposition of |
treatment as appropriate.
Programs conducting these |
evaluations shall be
licensed by the Department of Human |
Services. The cost of any professional
evaluation shall be paid |
for by the
individual
required to undergo the professional |
evaluation.
|
(e-1) Any person who is found guilty of or pleads guilty to |
|
violating this
Section, including any person receiving a |
disposition of court supervision for
violating this Section, |
may be required by the Court to attend a victim
impact panel |
offered by, or under contract with, a County State's Attorney's
|
office, a probation and court services department, Mothers |
Against Drunk
Driving,
or the Alliance Against Intoxicated |
Motorists.
All costs generated by
the victim impact panel shall |
be paid from fees collected from the
offender or as may be |
determined by the court.
|
(f) Every person found guilty of violating this Section, |
whose
operation of a motor vehicle while in violation of this |
Section proximately
caused any incident resulting in an |
appropriate emergency response, shall
be liable for the expense |
of an emergency response as provided in subsection (m) of this |
Section
under
Section 5-5-3 of the Unified Code of Corrections.
|
(g) The Secretary of State shall revoke the driving |
privileges of any
person convicted under this Section or a |
similar provision of a local
ordinance.
|
(h) (Blank).
|
(i) The Secretary of State shall require the use of |
ignition interlock
devices on all vehicles owned by an |
individual who has been convicted of a
second
or subsequent |
offense of this Section or a similar provision of a local
|
ordinance. The Secretary shall establish by rule and regulation |
the procedures
for certification and use of the interlock |
system.
|
|
(j) In addition to any other penalties and liabilities, a |
person who is
found guilty of or pleads guilty to violating |
subsection (a), including any
person placed on court |
supervision for violating subsection (a), shall be fined
$500, |
payable to the
circuit clerk, who shall distribute the money as |
follows: 20% to the law enforcement agency
that made the arrest |
and 80% shall be forwarded to the State Treasurer for deposit |
into the General Revenue Fund. If the person has been |
previously convicted of violating
subsection (a) or a similar |
provision of a local
ordinance, the fine shall be
$1,000. In |
the event that more than one agency is responsible
for the |
arrest, the amount payable to law enforcement agencies shall be |
shared equally. Any moneys received
by a law
enforcement agency |
under this subsection (j) shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law
enforcement equipment and |
commodities that will assist in the prevention of alcohol |
related
criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations. Equipment and commodities |
shall include, but are not limited
to, in-car video cameras, |
|
radar and laser speed detection devices, and alcohol
breath |
testers.
Any moneys received by the Department of State Police |
under this subsection
(j) shall be deposited into the State |
Police DUI Fund and shall be used for enforcement and |
prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the
purchase of law enforcement equipment and |
commodities that will assist in the prevention of
alcohol |
related criminal violence throughout the State; police officer |
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(k) The Secretary of State Police DUI Fund is created as a |
special
fund in the State treasury. All moneys received by the |
Secretary of State
Police under subsection (j) of this Section |
shall be deposited into the
Secretary of State Police DUI Fund |
and, subject to appropriation, shall be
used for enforcement |
and prevention of driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or any |
combination thereof, as defined by this Section, including but |
not limited to the purchase of law enforcement equipment and |
commodities to assist in the prevention of
alcohol related |
criminal violence throughout the State; police officer |
|
training and education in areas related to alcohol related |
crime, including but not limited to DUI training; and police |
officer salaries, including but not limited to salaries for |
hire back funding for safety checkpoints, saturation patrols, |
and liquor store sting operations.
|
(l) Whenever an individual is sentenced for an offense |
based upon an
arrest for a violation of subsection (a) or a |
similar provision of a local
ordinance, and the professional |
evaluation recommends remedial or
rehabilitative treatment or |
education, neither the treatment nor the education
shall be the |
sole disposition and either or both may be imposed only in
|
conjunction with another disposition. The court shall monitor |
compliance with
any remedial education or treatment |
recommendations contained in the
professional evaluation. |
Programs conducting alcohol or other drug evaluation
or |
remedial education must be licensed by the Department of Human |
Services. If
the individual is not a resident of Illinois, |
however, the court may accept an
alcohol or other drug |
evaluation or remedial education program in the
individual's |
state of residence. Programs providing treatment must be |
licensed
under existing applicable alcoholism and drug |
treatment licensure standards.
|
(m) In addition to any other fine or penalty required by |
law, an individual
convicted of a violation of subsection (a), |
Section 5-7 of the Snowmobile
Registration and Safety Act, |
Section 5-16 of the Boat Registration and Safety
Act, or a |
|
similar provision, whose operation of a motor vehicle, |
snowmobile, or
watercraft while in
violation of subsection (a), |
Section 5-7 of the Snowmobile Registration and
Safety Act, |
Section 5-16 of the Boat Registration and Safety Act, or a |
similar
provision proximately caused an incident resulting in |
an appropriate emergency
response, shall be required to make |
restitution to a public agency for the
costs of that emergency |
response. The restitution may not exceed $1,000 per
public |
agency for each emergency response. As used in this subsection |
(m),
"emergency response" means any incident requiring a |
response by a police
officer, a firefighter carried on the |
rolls of a regularly constituted fire
department, or an |
ambulance.
|
(Source: P.A. 93-156, eff. 1-1-04; 93-213, eff. 7-18-03; |
93-584, eff. 8-22-03; 93-712, eff. 1-1-05; 93-800, eff. 1-1-05; |
93-840, eff. 7-30-04; 94-329, eff. 1-1-06; 94-963, eff. |
6-28-06.)
|
Section 10. The Snowmobile Registration and Safety Act is |
amended by changing Section 5-7 as follows:
|
(625 ILCS 40/5-7)
|
Sec. 5-7. Operating a snowmobile while under the influence |
of alcohol or
other drug or drugs, intoxicating compound or |
compounds, or a combination of
them; criminal penalties; |
suspension of operating privileges.
|
|
(a) A person may not operate or be in actual physical |
control of a
snowmobile within this State
while:
|
1. The alcohol concentration in that person's blood or |
breath is a
concentration at which driving a motor vehicle |
is prohibited under
subdivision (1) of subsection (a) of
|
Section 11-501 of the Illinois Vehicle Code;
|
2. The person is under the influence of alcohol;
|
3. The person is under the influence of any other drug |
or combination of
drugs to a degree that renders that |
person incapable of safely operating a
snowmobile;
|
3.1. The person is under the influence of any |
intoxicating compound or
combination of intoxicating |
compounds to a degree that renders the person
incapable of |
safely operating a snowmobile;
|
4. The person is under the combined influence of |
alcohol and any other
drug or drugs or intoxicating |
compound or compounds to a degree that
renders that person |
incapable of safely
operating a snowmobile; or
|
5. There is any amount of a drug, substance, or |
compound in that person's
breath, blood, or urine resulting |
from the unlawful use or consumption
of cannabis
listed in |
the Cannabis Control Act, controlled substance listed in |
the
Illinois Controlled Substances Act, or intoxicating |
compound listed in the
use
of Intoxicating Compounds Act.
|
(b) The fact that a person charged with violating this |
Section is or has
been legally entitled to use alcohol, other |
|
drug or drugs, any
intoxicating
compound or compounds, or any |
combination of them does not constitute a
defense against a |
charge of violating this Section.
|
(c) Every person convicted of violating this Section or a |
similar
provision of a local ordinance is guilty of a
Class A |
misdemeanor, except as otherwise provided in this Section.
|
(c-1) As used in this Section, "first time offender" means |
any person who has not had a previous conviction or been |
assigned supervision for violating this Section or a similar |
provision of a local ordinance, or any person who has not had a |
suspension imposed under subsection (e) of Section 5-7.1. |
(c-2) For purposes of this Section, the following are |
equivalent to a conviction: |
(1) a forfeiture of bail or collateral deposited to |
secure a defendant's appearance in court when forfeiture |
has not been vacated; or |
(2) the failure of a defendant to appear for trial.
|
(d) Every person convicted of violating this Section is |
guilty of a
Class 4 felony if:
|
1. The person has a previous conviction under this |
Section;
|
2. The offense results in personal injury where a |
person other than the
operator suffers great bodily harm or |
permanent disability or disfigurement,
when the violation |
was a proximate cause of the injuries.
A person guilty of a |
Class 4 felony under this paragraph 2, if sentenced to a
|
|
term of imprisonment, shall be sentenced to not less than |
one year nor more
than
12 years; or
|
3. The offense occurred during a period in which the |
person's privileges
to
operate a snowmobile are revoked or |
suspended, and the revocation or
suspension was for a |
violation of this Section or was imposed under Section
|
5-7.1.
|
(e) Every person convicted of violating this Section is |
guilty
of a
Class 2 felony if the offense results in the death |
of a person.
A person guilty of a Class 2 felony under this |
subsection (e), if sentenced
to
a term of imprisonment, shall |
be sentenced to a term of not less than 3 years
and not more |
than 14 years.
|
(e-1) Every person convicted of violating this Section or a |
similar
provision of a local ordinance who had a child under |
the age of 16 on board the
snowmobile at the time of offense |
shall be subject to a mandatory minimum fine
of $500 and shall |
be subject to a mandatory minimum of 5 days of community
|
service in a program benefiting children. The assignment under |
this subsection
shall not be subject to suspension nor shall |
the person be eligible for
probation in order to reduce the |
assignment.
|
(e-2) Every person found guilty of violating this Section, |
whose operation
of
a snowmobile while in violation of this |
Section proximately caused any incident
resulting in an |
appropriate emergency response, shall be liable for the expense
|
|
of an emergency response as provided in subsection (m) of |
Section 11-501 of the Illinois Vehicle Code
under Section 5-5-3 |
of the Unified Code of
Corrections.
|
(e-3) In addition to any other penalties and liabilities, a |
person who is
found guilty of violating this Section, including |
any person placed on court
supervision, shall be fined $100, |
payable to the circuit clerk, who shall
distribute the money to |
the law enforcement agency that made the arrest. In the
event |
that more than one agency is responsible for the arrest, the |
$100
shall be shared equally. Any moneys received by a law |
enforcement agency under
this subsection (e-3) shall be used to |
purchase law enforcement equipment or to
provide law |
enforcement training that will assist in the prevention of |
alcohol
related criminal violence throughout the State. Law |
enforcement equipment shall
include, but is not limited to, |
in-car video cameras, radar and laser speed
detection devices, |
and alcohol breath testers.
|
(f) In addition to any criminal penalties imposed, the
|
Department of Natural Resources shall suspend the
snowmobile |
operation privileges of
a person convicted or found guilty of a |
misdemeanor under this
Section for a period of one
year, except |
that first-time offenders are exempt from
this mandatory one |
year suspension.
|
(g) In addition to any criminal penalties imposed, the |
Department of Natural
Resources shall suspend for a period of 5 |
years the snowmobile operation
privileges of any person |
|
convicted or found guilty of a felony under this
Section.
|
(Source: P.A. 93-156, eff. 1-1-04; 94-214, eff. 1-1-06.)
|
Section 15. The Boat Registration and Safety Act is amended |
by changing Section 5-16 as follows:
|
(625 ILCS 45/5-16)
|
Sec. 5-16. Operating a watercraft under the influence of |
alcohol,
other drug or drugs, intoxicating compound or |
compounds, or combination
thereof.
|
(A) 1. A person shall not operate or be in actual physical |
control of
any
watercraft within this State while:
|
(a) The alcohol concentration in such person's |
blood or breath is a
concentration at which driving a |
motor vehicle is prohibited under subdivision
(1) of |
subsection (a) of
Section 11-501 of the Illinois |
Vehicle Code;
|
(b) Under the influence of alcohol;
|
(c) Under the influence of any other drug or |
combination of drugs to a
degree which renders such |
person incapable of safely operating
any watercraft;
|
(c-1) Under the influence of any intoxicating |
compound or combination
of
intoxicating compounds to a |
degree that renders the person incapable of safely
|
operating
any watercraft;
|
(d) Under the combined influence of alcohol and any |
|
other drug or
drugs to a degree which renders such |
person incapable of safely operating
a watercraft; or
|
(e) There is any amount of a drug, substance, or |
compound in the
person's blood or urine resulting from |
the unlawful use or consumption of
cannabis listed in |
the Cannabis Control Act, a
controlled substance
|
listed in the Illinois Controlled Substances Act, or an |
intoxicating compound
listed in the Use of |
Intoxicating Compounds Act.
|
2. The fact that any person charged with violating this |
Section is or
has been legally entitled to use alcohol, |
other drug or drugs, any
intoxicating compound or |
compounds, or any combination of
them, shall not constitute |
a defense against any charge of
violating this
Section.
|
3. Every person convicted of violating this Section |
shall be guilty of a
Class A misdemeanor, except as |
otherwise provided in this Section.
|
4. Every person convicted of violating this Section |
shall be guilty of a
Class 4 felony if:
|
(a) He has a previous conviction under this |
Section;
|
(b) The offense results in personal injury where a |
person other than the
operator suffers great bodily |
harm or permanent disability or disfigurement,
when |
the violation was a proximate cause of the injuries. A |
person guilty of a
Class 4 felony under this |
|
subparagraph (b), if sentenced
to a term of |
imprisonment, shall be sentenced to a term of not less |
than
one year nor more than 12 years; or
|
(c) The offense occurred during a period in which |
his or her
privileges
to
operate
a watercraft are |
revoked or suspended, and the revocation or suspension |
was for
a
violation of this Section or was imposed |
under subsection (B).
|
5. Every person convicted of violating this Section |
shall be
guilty of a Class 2 felony if the offense results |
in the death of a
person.
A person guilty of a Class 2 |
felony under this paragraph 5, if sentenced to a
term of |
imprisonment, shall be sentenced to a term of not less than |
3 years
and not more than 14 years.
|
5.1. A person convicted of violating this Section or a |
similar
provision
of a
local
ordinance who had a child |
under the age of 16 aboard the watercraft at the
time of |
offense is
subject to a mandatory minimum fine of $500 and |
to a mandatory minimum of 5
days of
community service in a |
program benefiting children. The assignment under this
|
paragraph 5.1 is
not subject to suspension and the person |
is not eligible for probation in order
to reduce the
|
assignment.
|
5.2. A person found guilty of violating this Section, |
if his or her
operation
of a watercraft
while in violation |
of this Section proximately caused any incident resulting |
|
in
an appropriate
emergency response, is liable for the |
expense of an emergency response as
provided in subsection |
(m) of Section 11-501 of the Illinois Vehicle Code
under
|
Section 5-5-3 of the Unified Code of Corrections.
|
5.3. In addition to any other penalties and |
liabilities, a person who is
found
guilty of
violating this |
Section, including any person placed on court supervision,
|
shall be fined $100,
payable to the circuit clerk, who |
shall distribute the money to the law
enforcement agency |
that
made the arrest. In the event that more than one |
agency is responsible for the
arrest, the $100
shall be |
shared equally. Any moneys received by a law enforcement |
agency under
this
paragraph 5.3 shall be used to purchase |
law enforcement equipment or to provide
law
enforcement |
training that will assist in the prevention of alcohol |
related
criminal violence
throughout the State. Law |
enforcement equipment shall include, but is not
limited to, |
in-car
video cameras, radar and laser speed detection |
devices, and alcohol breath
testers.
|
6. (a) In addition to any criminal penalties imposed, |
the Department of
Natural Resources shall suspend the |
watercraft operation privileges of any
person
|
convicted or found guilty of a misdemeanor under this |
Section, a similar provision of a local ordinance, or |
Title 46 of the U.S. Code of Federal Regulations for a |
period
of one year, except that a first time offender |
|
is exempt from this mandatory
one year suspension.
|
As used in this subdivision (A)6(a), "first time |
offender" means any person who has not had a previous |
conviction or been assigned supervision for violating |
this Section, a similar provision of a local ordinance |
or, Title 46 of the U.S. Code of Federal Regulations, |
or any person who has not had a suspension imposed |
under subdivision (B)3.1 of Section 5-16.
|
(b) In addition to any criminal penalties imposed, |
the Department of
Natural Resources shall suspend the |
watercraft operation privileges of any
person
|
convicted of a felony under this Section, a similar |
provision of a local ordinance, or Title 46 of the U.S. |
Code of Federal Regulations for a period of 3 years.
|
(B) 1. Any person who operates or is in actual physical |
control of any
watercraft upon the waters of this
State |
shall be deemed to have given consent to a chemical test or |
tests of
blood, breath or urine for the purpose of |
determining the content of
alcohol, other
drug or drugs, |
intoxicating compound or compounds, or combination thereof
|
in the person's blood if arrested for
any offense of |
subsection (A) above. The chemical test or tests shall be
|
administered at
the direction of the arresting officer.
The |
law enforcement agency employing the
officer shall |
designate which of the tests shall be administered. A
urine |
test may be
administered even after a blood or breath test |
|
or both has been administered.
|
1.1. For the purposes of this Section, an Illinois Law |
Enforcement
officer of
this
State who is investigating the |
person for any offense defined in Section 5-16
may travel
|
into an adjoining state, where the person has been |
transported for medical care
to
complete an investigation, |
and may request that the person submit to the test
or
tests |
set
forth in this Section. The requirements of this Section |
that the person be
arrested are
inapplicable, but the |
officer shall issue the person a uniform citation for an
|
offense as
defined in Section 5-16 or a similar provision |
of a local ordinance prior to
requesting that
the person |
submit to the test or tests. The issuance of the uniform |
citation
shall not
constitute an arrest, but shall be for |
the purpose of notifying the person that
he or she is
|
subject to the provisions of this Section and of the |
officer's belief in the
existence of
probable cause to |
arrest. Upon returning to this State, the officer shall |
file
the uniform
citation with the circuit clerk of the |
county where the offense was committed
and shall
seek the |
issuance of an arrest warrant or a summons for the person.
|
1.2. Notwithstanding any ability to refuse under this |
Act to submit to
these
tests
or any ability to revoke the |
implied consent to these tests, if a law
enforcement |
officer
has probable cause to believe that a watercraft |
operated by or under actual
physical
control of a person |
|
under the influence of alcohol, other drug or drugs,
|
intoxicating
compound or compounds, or any combination of |
them has caused the death of or
personal
injury to another, |
that person shall submit, upon the request of a law
|
enforcement officer,
to a chemical test or tests of his or |
her blood, breath, or urine for the
purpose of
determining |
the alcohol content or the presence of any other drug, |
intoxicating
compound, or
combination
of them. For the |
purposes of this Section, a personal injury includes severe
|
bleeding
wounds, distorted extremities, and injuries that |
require the injured party to
be carried
from the scene for |
immediate professional attention in either a doctor's |
office
or a
medical facility.
|
2. Any person who is dead, unconscious or who is |
otherwise in a condition
rendering such person incapable of |
refusal, shall be deemed not to have
withdrawn the consent |
provided above, and the test may be administered.
|
3. A person requested to submit to a chemical test as |
provided above
shall be
verbally advised by the law |
enforcement officer requesting the test that a
refusal to |
submit to the test will result in suspension of such |
person's
privilege to operate a watercraft for a minimum of |
2 years. Following this
warning, if a person
under arrest |
refuses upon the request of a law enforcement officer to
|
submit to a test designated by the officer, no test
shall |
be given, but the law enforcement officer shall file with |
|
the clerk
of the circuit court for the county in which the |
arrest was made, and with
the Department of Natural |
Resources, a sworn
statement naming the person refusing to |
take and complete the chemical test
or tests
requested |
under the provisions of this Section. Such sworn statement |
shall
identify the arrested person, such person's current |
residence address and
shall specify that a refusal by such |
person to take the chemical test or
tests was
made. Such |
sworn statement shall include a statement that the |
arresting
officer had reasonable cause to believe the |
person was operating or was in
actual physical control of |
the
watercraft within this State while under the influence |
of alcohol, other
drug or drugs, intoxicating compound or |
compounds, or combination thereof
and that such
chemical |
test or tests were made as an
incident to and following the |
lawful arrest for an offense as defined in
this Section or |
a similar provision of a local ordinance, and that the
|
person after being arrested for an offense arising out of |
acts alleged to
have been committed while so operating a |
watercraft refused to submit to
and complete a chemical |
test or tests as requested by the law enforcement
officer.
|
3.1. The law enforcement officer submitting the sworn |
statement as
provided in
paragraph 3 of this subsection (B) |
shall serve immediate written notice upon
the
person |
refusing the chemical test or tests that the person's |
privilege to
operate a
watercraft within this State will be |
|
suspended for a period of 2 years unless,
within 28 days |
from the date of the notice, the person requests in writing |
a
hearing
on the suspension.
|
If the person desires a hearing, such person
shall file |
a complaint in the circuit court for and in the county in |
which
such person was arrested for such hearing. Such |
hearing shall proceed in
the court in the same manner as |
other civil proceedings, shall cover only
the issues of |
whether the person was placed under arrest for an offense |
as
defined in this Section or a similar provision of a |
local ordinance as
evidenced by the issuance of a uniform |
citation; whether the arresting
officer had reasonable |
grounds to believe that such person was operating a
|
watercraft while under the influence of alcohol, other drug |
or drugs,
intoxicating compound or compounds, or |
combination
thereof; and whether such person refused to |
submit and complete the
chemical test or
tests upon the |
request of the law enforcement officer. Whether the person
|
was informed that such person's privilege to operate a |
watercraft would be
suspended if such person refused to |
submit to the chemical test or tests
shall not be an
issue.
|
If the person fails to request in writing a hearing |
within 28 days from
the date of notice, or if a hearing is |
held and the court finds against the
person on the issues |
before the court, the
clerk shall immediately notify the |
Department of Natural Resources, and the Department shall |
|
suspend the watercraft operation
privileges of the person |
for at least 2 years.
|
3.2. If the person submits to a test that discloses an |
alcohol
concentration
of 0.08
or more, or any amount of a |
drug, substance or intoxicating compound in the
person's
|
breath, blood, or urine resulting from the unlawful use of |
cannabis listed in
the Cannabis
Control Act, a controlled |
substance listed in the Illinois Controlled
Substances |
Act, or an
intoxicating compound listed in the Use of |
Intoxicating Compounds Act, the law
enforcement officer |
shall immediately submit a sworn report to the circuit
|
clerk of venue
and the Department of Natural Resources, |
certifying that the test or tests were
requested
under |
paragraph 1 of this subsection (B) and the person submitted |
to testing
that
disclosed an alcohol concentration of 0.08 |
or more.
|
In cases where the blood alcohol concentration of 0.08 |
or greater or any
amount of
drug, substance or compound |
resulting from the unlawful use of cannabis, a
controlled
|
substance or an intoxicating compound is established by a |
subsequent analysis
of blood
or urine collected at the time |
of arrest, the arresting officer or arresting
agency shall
|
immediately submit a sworn report to the circuit clerk of |
venue and the
Department of
Natural Resources upon receipt |
of the test results.
|
4. A person must submit to each chemical test offered |
|
by the law
enforcement
officer
in order to comply with the |
implied consent provisions of this Section.
|
5. The provisions of Section 11-501.2 of the Illinois |
Vehicle Code, as
amended, concerning the certification and |
use of chemical tests apply to the
use of such tests under |
this Section.
|
(C) Upon the trial of any civil or criminal action or |
proceeding arising out
of acts alleged to have been committed |
by any person while operating a
watercraft while under the |
influence of alcohol, the concentration of alcohol
in the |
person's blood or breath at the time alleged as shown by |
analysis of a
person's blood, urine, breath, or other bodily |
substance shall give rise to the
presumptions specified in |
subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 |
of the Illinois Vehicle Code. The foregoing
provisions of this |
subsection (C) shall not be
construed
as limiting the |
introduction of any other relevant evidence bearing upon the
|
question whether the person was under the influence of alcohol.
|
(D) If a person under arrest refuses to submit to a |
chemical test under
the provisions of this Section, evidence of |
refusal shall be admissible in
any civil or criminal action or |
proceeding arising out of acts alleged to
have been committed |
while the person under the influence of alcohol,
other drug or |
drugs, intoxicating compound or compounds, or combination
of |
them was operating a watercraft.
|
(E) The owner of any watercraft or any person given |
|
supervisory
authority over a watercraft, may not knowingly |
permit a watercraft to be
operated by any person under the |
influence of alcohol, other drug or drugs,
intoxicating |
compound or compounds, or
combination thereof.
|
(F) Whenever any person is convicted or found guilty of a |
violation of
this
Section, including any person placed on court |
supervision, the court shall
notify the Office of Law |
Enforcement of the
Department of Natural Resources, to provide |
the Department with the records
essential for the performance |
of the Department's duties to monitor and enforce
any order of |
suspension or revocation concerning the privilege to operate a
|
watercraft.
|
(G) No person who has been arrested and charged for |
violating paragraph 1 of
subsection (A) of this Section shall |
operate any watercraft within this State
for a period of 24 |
hours after such arrest.
|
(Source: P.A. 93-156, eff. 1-1-04; 94-214, eff. 1-1-06.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
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